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  • In a recent decision of the Austrian Supreme IP Tribunal, an Austrian audit company named Confida requested the cancellation of three younger trade marks, all including the word Confida and registered for services including auditing services and financial services in class 36. The cancellation action was based on the company name, as the company was registered in 1978 in the Austrian company register and the attacked marks were only registered in the 1990s and later. Likelihood of confusion between the opposing signs was not under dispute.
  • Recently, the ECJ had to decide on a preliminary ruling concerning the interpretation of the term "genuine use" where a trade mark is only used as an element of a combination mark and in conjunction with another trade mark, and the combination of the two marks is also registered as a trade mark.
  • Arecent decision of the Single Member Court of First Instance ruled upon a main action regarding unauthorised parallel imports of spare parts and accessories for motorcycles.
  • With the arrival of over 1,400 new generic Top Level Domain names (gTLDs), such as .energy and .legal, a system had to be developed to provide trade mark owners worldwide with the opportunity to register their trade mark under one or more new gTLDs as a domain name prior to the general public (during a so-called sunrise period). This system should indeed prevent cybersquatting, whereby a domain name is registered and/or used in bad faith to profit from a trade mark owner. To this end, ICANN appointed Deloitte and IBM who created the Trademark Clearinghouse (TMCH), which opened on March 26 2013.
  • On April 1 2013, the Korean Intellectual Property Office (KIPO) pre-announced proposed amendments to the Korean Patent Law reflecting an agenda item of the Patent Law Treaty. The proposed amendments will relax the requirements for the specification description by (1) allowing foreign language specifications and (2) setting up criteria for amending foreign language specifications. These changes, which will allow the filing of a Korean patent application with a foreign language specification, would be advantageous to foreign applicants.
  • The UK has recently introduced new rules to allow expert witnesses to give evidence concurrently. David Wilson, Christopher Sharp, Sue Gilchrist and Nina Fitzgerald examine whether hot-tubbing has been successful in Australia and what lessons can be learned
  • One of the biggest changes in Australian patent and trade mark law, created and shepherded by the Australian Patent Office, has now taken effect.
  • At every INTA?Annual Meeting, Managing IP?staff ask attendees a single question every day. Here are the responses from two of them
  • It seems the Russian courts value intellectual property much higher than one might think.
  • Does CLS Bank v Alice put software patents at risk? Erika H Arner and Lauren J Dreyer argue that despite the uncertainty caused by the divided Federal Circuit, there are some useful lessons from last month’s decision