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In several cases, a trade mark cannot be registered, even if it has sufficient distinctiveness, because there is an identical or similar trade mark previously registered or applied for to distinguish the same goods or services. Even though the Trade Mark Law does not specifically use the terms "confusion or likelihood of confusion", its main purpose is to avoid this situation. Section 3 of the Law says that a trade mark identical or similar to one previously registered or applied for to distinguish the same goods or services cannot be registered.

Following on from the recent substantive changes to obviousness under our Patents Act, the Patents Office has now sought to introduce further changes to the Act, likely to affect Australian patent rights.

On May 15, a full bench (three judges) of the Delhi High Court delivered a decision on important questions of law in the Microlube case. Certain common and important legal issues arose in two different suits relating to design infringement and these issues were referred to the larger bench in view of prior conflicting decisions issued by the Delhi High Court.

Over the past few years trade mark protection in the Middle East has become more attractive to brand owners worldwide. And with increasing demand for more comprehensive trade mark protection, it has become more and more important to consider issues of local language and culture.

In 2012, the Mexican Institute of Industrial Property (IMPI) initiated the first border measures remedy against the importation of an active ingredient, due to the alleged administrative infringement of a patent. Although that was not the first border measures action imposed by IMPI based on patents, it was the first occasion that IMPI granted border measures based on a medical patent.

The Swiss Federal Administrative Court in a recently published decision refused to grant a request for a stay of opposition appeal proceedings, even though the validity of the opposition plaintiff's trade mark had been challenged in a civil court nullity action brought by the opposition defendant.

Article 85.1.2 of the old Patent Law provided: When a patentee claimed damages, he could calculate his loss according to the profits gained by the infringer from his infringing act; where the infringer was unable to provide documentation proving the costs or other necessary expenses, the total sales of the infringing article should be deemed to be the infringer's profits.

Cable television system operators retransmitted terrestrial channels, including channels subject to mandatory retransmission pursuant to the Broadcasting Act, without providing any payment to the relevant terrestrial broadcasters in Korea. Therefore, on September 10 2009, KBS, MBC and SBS (the three terrestrial broadcasting stations) filed a preliminary injunction seeking the suspension and prevention of various infringements against a major operator, alleging that the retransmission infringed their copyright (the right of broadcasting from the rights of communications to the public) and neighbouring rights (simultaneous relay broadcasting rights).

The value of intellectual property is well known, but Guy Proulx argues that rather than merely acquiring assets, companies need to develop an IP strategy that fits in with their long-term business goals

In an infringement case, the Austrian Supreme Court developed its previous case law on the scope of protection of trade marks. The decision also deals with the defence of non-use of the plaintiff's mark in the past with respect to intermediary rights.