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Non-conventional trade marks have been widely debated over the past few years. The registration of colours as trade marks constitutes a good example of the reluctance to accept trade marks that are different from the signs with which we are more familiarized. The Portuguese Industrial Property Code for instance determines that colours cannot be registered as trade marks except if combined with other colours or with graphics, slogans or other elements in a peculiar and distinctive way. The registration of a colour per se is therefore expressly excluded.

On August 1 2007 a new evidence law came into force in New Zealand called the Evidence Act 2006 (the new Act).

In September 2007 the Court of First Instance of the European Union (CFI) annulled the decision of the Board of Appeal of OHIM with which the registrability of the word mark Grana Biraghi for various types of cheese had been confirmed. According to the Board, the existence of the Grana Padano protected denomination of origin, provided by the Community Regulation, could not obstruct the registration of the Grana Biraghi mark, as the term Grana was considered generic and descriptive of a particular quality of a product.

Interlocutory injunctions are an important part of any litigant’s armoury. Here, Peter Chalk of Blake Dawson explains the options available to IP owners in the Australian courts

Australia's courts have handed down three key trade mark-related rulings in the past year. Lance Scott of Spruson & Ferguson explains what lessons they have for IP owners

Mihály Ficsor, vice-president of the Hungarian Patent Office, explains why Europe needs strong national IP offices

A number of legislative changes in Irish data protection law have already taken effect and further developments are due to take effect in October 2007. These developments provide some welcome clarification for practitioners.

To date, UK businesses have had to consider two parallel systems for registered design rights: the UK registered design right under the Registered Designs Act 1949 (as amended) and the Community registered design right under EC Directive 6/2002/EC (the Community Designs Regulation). However, on September 24 2007, the European Community signed the Geneva Act of the Hague Agreement concerning the international registration of industrial designs, creating a third layer of registered design right protection. The UK had not previously been a signatory to the Hague Agreement, and so this is the first time that the Hague Agreement will apply to the UK, the EU implementing legislation (Commission Regulation 876/2007, amending Regulation 6/2002/EC ) being directly applicable in EU member states.

A United States trade mark registration remains in full force and effect for a period of 10 years from the date of issuance. However, in order to maintain the registration, the trade mark owner must file a declaration of use between the fifth year and sixth year following the date of registration (or, with payment of a penalty, within six months thereafter). The declaration of use is a sworn statement by the trade mark owner indicating that the registered mark continues to be in use in the United States for each of the goods covered by the registration and includes a specimen showing use of the mark for the classifications. If the required declaration of use and the supporting specimens are not filed, the registration will be cancelled.

New regulations on the import and export of technology in China have been in force for about a year. To get the most from your inventions in China it is essential you have a detailed knowledge of them, explains Alan Adcock