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  • In a recent decision, the Quebec Court of Appeal upheld a trial judge's decision to reject the evidence of an expert in a trade mark passing-off matter because the expert's report sought to describe the perception of a casual consumer. In doing so, the Court of Appeal affirmed the earlier decision of the Supreme Court of Canada in Masterpiece v Alavida Lifestyles which held that expert evidence is not necessary where it just assesses resemblance between two trade marks by a casual consumer.
  • A recent case before the Athens single-member court of first instance concerned the infringement of a trade mark through the parallel import of vehicles into Greece from countries outside the EEA without the consent of the mark's proprietor. The infringer's defence was to challenge the concept of Community exhaustion of a trade mark right.
  • A recent decision by the French Supreme Court (June 11 2013) seems to open a strategy for trade mark owners that were victims of infringement and did not react in time.
  • The Swiss Federal Supreme Court has issued a judgment holding two Swiss trade mark registrations for the word-mark You invalid on the grounds that the word You must remain free for use in commerce.
  • Tablet computers are now popular everywhere. It is clear that they have the same outward appearance and cannot be otherwise. Nevertheless, Apple filed for a 3D trade mark reproducing the shape of IPad in Russia. The application was filed claiming priority of 2010 in respect of goods in Class 9.
  • In a recent ruling the Supreme Court of the Netherlands found that an appeal judge has the right to evaluate the evidence presented on appeal in a different and possibly even broader manner. This ruling resulted from a cassation brought by Global Bio Company – Chem Technology Group Lt et al (GBT) against rulings made by the Court of Appeal in The Hague.
  • In order to expedite the resolution of disputes over the registration and use of an internet domain name, Icann adopted the UDRP system. Under Paragraph 4 of the UDRP, a person who has legitimate interest in or right to a domain name may commence an administrative proceeding against the domain name holder for the cancellation or transfer of the domain name by submitting a complaint to one of the administrative-dispute-resolution service providers approved by Icann, which includes the WIPO Arbitration and Mediation Center.
  • The Australian Council of Intellectual Property (ACIP) has announced another review of the innovation patents system. This review will again look at options in dealing with the innovation patents system, where issues, including the granting of patents that lack of an inventive step test (so they are otherwise obvious), has led to substantial frictions in trade and commerce.
  • A recent decision (T-437/11 of September 16) by the General Court allowed Golden Balls to use his registration "Golden Balls", despite a long legal battle with Intra-Press, the owners of the "Ballon d'Or" trade mark.
  • In accordance with Indonesian Patent Law 14 of 2001, Article 54, the Directorate General must approve or refuse an application for a patent, at the latest 36 months from the date of receipt of the request for substantive examination and at the latest 24 months from the filing date for a simple patent.