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In October 2012, the first three cases under the provisions of the Copyright (Infringing File Sharing) Amendment Act were referred to the Copyright Tribunal.

In infringement cases the burden of proof lies with the patent proprietor, but it is often difficult to prove that the infringer is indeed using the patented method.

According to the Mexican Industrial Property Law, trade marks must be used in the national territory as they were registered or with modifications that do not alter their distinctive character.

The Trade Descriptions Act 2011 (TDA) came into force on November 1 2011 and replaced the 1972 Trade Descriptions Act. The TDA is aimed at promoting good trade practices in the market by prohibiting false trade descriptions and false or misleading statements, conduct and practices in relation to the supply of goods and services.

In an order dated January 23 2013, the Intellectual Property Appellate Board (IPAB), in Parikumar v Controller of Patents, directed the patent office to accept a national phase application filed with fewer claims than the PCT application.

A recent decision by the Athens Court of Appeal ruled on the protection of an original design for an archaeological tourist guide with pictures of monuments as they are now, overlaid with transparencies showing how they were in ancient times. Specifically, it ruled that the get-up of the guide, namely its form, dimensions, size, colours, title, sub-title, binding and use of overlaid transparencies is original and protected as a distinctive sign and its exact imitation by the defendant is contrary to the provisions on unfair competition.

In April 2008 the opposition division of OHIM dismissed an opposition based on German marks Pan-Ophtal and Kan-Ophtal against Bañoftal, all marks registered for pharmaceuticals in class 5. Denying likelihood of confusion OHIM held that the respective signs were sufficiently dissimilar, holding that word part Ophtal is of a highly descriptive nature as it derives from the Greek word Ophthalmos, making reference to pharmaceutical products related to the eye. In view of this low distinctive character, the visual differences between Ophtal and Oftal were to be taken into consideration despite their phonetic identity. As to the word beginnings, OHIM equally denied that any relevant similarities in the Spanish letters Bañ would be recognised by the German-speaking public, and so would not be deceived by the marks.

Recent decisions by the Technical Boards of Appeal have set a new standard for the allowability of non-disclosed disclaimers.

As a result of the accession of Croatia to the EU, set for July 1 2013, and the introduction of Community trade marks and Community designs into the territory, the jurisdiction of certain trade mark infringement procedures has expanded.

Under the Nice Agreement and the Singapore Treaty, Nice classification is not the criterion, merely the reference for determining whether two goods or services are similar or not. In China, an interpretation issued by the Supreme People's Court also provides that: "Whether goods/services are similar or not shall be determined comprehensively on basis of the recognition of relevant public. Nice Agreement and Classification of Similar Goods/Services can merely be used as reference."