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  • Last month's briefing reported that observers had good reason to fear that the EU's proposal for a unitary patent system including a unified patent court would be rushed through under the current Danish EU presidency. However, things have now changed, and the EU patent court is on hold, once again.
  • Malaysian law in relation to passing-off has been recently re-considered in extenso by the Court of Appeal in the case of Yong Sze Fun & Anor v Syarikat Zamani Hj Tamin Sdn Bhd & Anor [Civil Appeal No. W-02-367-2006].
  • Proving trade mark reputation in Poland is very difficult and it is rare that the Polish Patent Office considers evidence to be sufficient to grant such status.
  • An applicant filed a trade mark application for a combined designation consisting of a stylised snowflake and stylised word part, Hispania.
  • Greece, together with 21 other EU countries, signed the Anti-Counterfeiting Trade Agreement (ACTA) on January 26 in a ceremony in Tokyo.
  • In a case involving a number of parties with conflicting claims to the designation Go Fast, and a rather complex factual background (too long to be summarised here), the Swiss Federal Supreme Court clarified the preconditions for claims to assignment of infringing designation rights, as an alternative to cancellation claims.
  • On November 4, the Brussels Commercial Court issued a decision regarding the Community trade mark Veuve Clicquot Ponsardin number 5069711 (figurative mark), Benelux trade mark number 746608 and CTM number 747949 (both colour marks), all for goods in class 33. The complex sign and the colour in question (Pantone 137C) are shown below.
  • The Appeal Court of Paris, in a judgment dated September 7 2011, has affirmed a decision of the Director General of INPI to refuse a request for a limitation of a European patent.
  • On February 6, the Bureau of Legal Affairs (BLA) of the Intellectual Property Office (IPOPHL) issued decision number 2012-16 in the petition docketed as IPC 11-2009-00219, cancelling patent number 1-2005-00180 issued on March 9 2009, to Raymundo Nocon III entitled System and Method for Executing and Cancelling Credit Card Transactions Using a Cellphone and the Like.
  • The Federal Law for Consumer Protection (FLCP) contains a set of generic rules for the advertising of practically all products and services. It focuses on protecting consumers' rights, whereas the Consumer Protection Bureau (PROFECO) is the governmental agency in charge of investigating and resolving matters arising under the Consumer Protection Law.
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