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With the beginning of autumn comes the planning of IP budgets for the year to come. If you are looking for a solution to save some money, don't forget the French tax credit on patents.

Two recent decisions of one of the EPO's Boards of Appeal have clarified some procedural issues, one relating to the conduct of oral proceedings and another relating to refusals in pre-grant examination.

Over the years, there have been arguments over whether manufacture by OEMs should be deemed trade mark infringement, both in legal theory and in judicial practice. In the past, the mainstream view was that the OEM behaviour violates article 52(1) of the PRC Trademark Law, so constituting trade mark infringement. Cases in support of this view include Nike v CIDESPORT Sports, Ruibao v Yongsheng, and Deckers v Guangyu Leather, which was issued last year by the Shandong High Court.

China is planning to amend its Patent Law for the fourth time. Since the last amendment to the Patent Law in 2008, the country has been planning further amendments to the Law. According to a news release from SIPO, the object of the new amendments is primarily to strengthen the protection for or enforcement of patents and to overcome the drawbacks of the current enforcement system.

Geographical indications are important, to protect and preserve intellectual property related to tradition, local cultures and production methods. But even though they grant protection to a community and not to individual right holders, they can cause tension, between two regions in the same country for example.

At first sight one might think of music and not of liquor in connection with Mozart. However, the Austrian Supreme IP Tribunal recently ruled descriptiveness of Mozart for liquor as being notorious.

In mid-2001, Australia introduced an innovation patent system, loosely modelled on the German utility patent system. The problem with the innovation patent system that was overlooked, was that it had no obviousness test, but rather a lesser innovative step test. The innovation patent was "intended to fill the "gap" that existed with regard to minor and incremental innovations. It offers a quick, less expensive and simple form of protection".

The origination of information which allows the marketing approval of new pharmaceutical products by the regulatory authorities has become a more complex and demanding process due to dramatic technological advances.

In a recent matter before the Gauteng North High Court (Bayerische Motoren Werke v Grandmark International) BMW took on a spare parts manufacturer, Grandmark International, for alleged infringement of its registered designs. The designs related to various parts of a motor vehicle, for example a bonnet, which BMW alleged were being infringed by Grandmark. However, the court found that a part such as a bonnet is a purely functional article, and as such cannot be filed as an aesthetic design. This judgment sparked debate from various corners, as it has a profound impact on original motor manufactures and replacement part manufactures alike.

Nordic law firm Roschier has created a new trade mark prosecution practice in Finland by absorbing Benjon.Benjon, which does trade mark prosecution, portfolio management and strategy work, became part of Roschier's IP and technology team as of October 8. Markku Tuominen (far left), newly appointed as partner, will lead this new practice while Benjon founder Seija Saaristo retires.