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  • The protection of well-known trade marks in Indonesia is regulated by Article 4, Article 6 paragraph (1.b) and Article 6 paragraph (2) of the Trade Mark Law No 15 of 2001. According to Article 4, a trade mark shall not be registered on an application made by an applicant with bad faith. Meanwhile, Article 6 paragraph (1.b) states that an application shall be rejected by the Directorate General of Intellectual Property Rights of Indonesia if the trade mark is similar in principle or in its entirety to an already well-known trade mark owned by another party for goods and/or services of the same type. The rejection of an application whose similarity in principle or in entirety to a well-known trade mark for goods and/or services of the same type is determined by observing the public's general knowledge of the trade mark in the particular business sector. In addition, it is necessary to observe the reputation of the well-known trade mark which can be achieved through intensive and extensive promotions and investments in a number of countries by its owner, and also evidenced by the trade mark registration in several countries.
  • All patent laws of major countries and regions of the world have set forth explicit requirements regarding the disclosure of the patent, which require that the specification in every patent application must disclose the invention clearly and completely enough for it to be performed by a person skilled in the art. This is one of the basic characteristics of the modern patent system and ensures that the public can finally benefit from granting the patentee a limited time of monopoly right.
  • Supreme Court decisions on the infringement of design rights are rare in Austria. In a recent case, the holder of a registered design setting out a grave light with a heart-shaped feature on its front sued a competitor for marketing an allegedly infringing product.
  • Many international trade mark owners face problems when designating the United States. Michael Leonard and Edward Brant explain how you can overcome them
  • Many brand owners are alarmed by the explosion in new gTLDs. But Brian J Winterfeldt and Philip D Karnofsky explain how, with the right strategy, they can be an opportunity
  • With six patent, one trade mark and one copyright case pending before the highest US court, what changes are likely?
  • Trade mark owners who want to tackle bad faith applications in Turkey have not always believed that the law is on their side. Now a new decision looks set to make their life easier, say Ugur Aktekin and Hande Hançer
  • Patent prosecution highways are becoming simpler and more popular. Applicants should consider starting with a PCT application and looking to the EPO first, argue Daniel Talbot-Ponsonby, Stephen Blake and Steven Pediani
  • Co-branding is being used to create some imaginative and successful alliances across a growing number of sectors. Bob Boad examines recent developments and assesses the implications for trade mark practitioners
  • Michelle Lee has been appointed deputy under secretary of commerce for intellectual property and deputy director of the USPTO. She is the replacement for Teresa Stanek Rea, who left the agency in November.The appointment has led to some speculation that Lee could eventually become the director of the USPTO, as well as questions about whether legally she could take it on given there is no director above her to appoint a deputy.