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  • A Community trade mark registration provides its owner with rights in each of the 27 member states, and as the EU expands those rights are extended to new member states as well.
  • Article 31 of the PRC Trademark Law provides that individual's name rights shall be protected as a kind of prior legitimate right, including the name of foreign persons. In Kate Moss v TRAB and Jin Shengqiang, the Beijing High Court ruled that the application and use of the opposed trade mark Kate Moss infringed the name rights of the famous British model, which should be prohibited. Early this year, our law firm also handled a similar case, where the China Trademark Office rejected registration of Amaya Arzuaga & Device trade mark, since Amaya Arzuaga is the name of a famous Spanish designer. Also, recently, the Beijing No 1 Intermediate Court ruled that application of the Iverson & Device trade mark in class 25 infringed the name rights of former NBA Star Allen Iverson.
  • SIPO recently issued a Draft of the Regulations on Service Inventions for public comment, which could have a big effect on the invention remuneration policy and internal procedures of any entity in China who has service inventions made by employees. The Regulations cover the following main points:
  • On September 5 2012 the Court of Gravenhage in the Netherlands issued its decision in a procedure between amongst others Recticel, a Swiss manufacturer of beds and mattresses, and Swiss Sense, a Dutch company in the same sector.
  • As reported some time ago, Red Bull's trade mark Flügerl ('small wings' in German) had been cancelled because the Austrian Supreme Court found the sign was only used in a descriptive manner for alcoholic drinks, but not as a designation of origin.
  • The Australian Productivity Commission has released a draft report on the compulsory licensing of patents.
  • Although in the past few decades comparative advertising has become widely used in countries such as the United States, in Argentina it is rarely used for the uncertainty and risk it entails, since the country lacks a specific regulation on comparative advertising.
  • In South Africa counterfeiting is perceived to be a victimless crime, one that is viewed as an open opportunity for the public to get a hold of a brand, be it Puma, D&G or any other name product, at a cheap price.
  • Judge Lucy Koh has upheld Apple's $1 billion jury verdict against Samsung, but spared Samsung treble damages for wilful infringement
  • Senator Martha Palafox Gutierrez of Mexico has introduced a bill that would shorten the life of a pharmaceutical patent by about one year