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  • Mexican Industrial Property Law provides for protection of a model in any three-dimensional shape that may serve as a pattern for the manufacture of an industrial product. The model can be embodied by an entire product or only a part.
  • The High Court of Malaysia in Kuala Lumpur recently issued a decision regarding patent and copyright infringement in BT Engineering v Team United Resources & Anor.
  • On September 10 2012, a division bench of the Madras High Court, hearing an appeal filed by Consim Info Limited, denied an interim injunction in a trade mark infringement suit against Google and several marriage portals. The suit related to a series of trade marks, such as Tamil Matrimony. While Google was sued for contributory infringement by way of its AdWords programme, the other defendants were competitors who used Consim's registered trade marks as keywords. In response to an inquiry containing Consim's trade marks, Google displayed sponsored links to the competitors' marriage portals.
  • The application of TRIPs and its effect on the protection of product claims in pharmaceutical patents filed before October 1992 has always been a hot topic of IP litigation in Greece.
  • In recent years, particularly in IP, opposing parties have increasingly chosen alternative dispute resolution (ADR) over court procedures. Mediation is a confidential non-public procedure, so no details are available to competitors. It may be of most interest to those who want to keep conditions of, for example, IP licence agreements confidential. The mediator, as a neutral arbitrator, assists the involved parties in negotiations by way of his mediation skills in the fields of communication, negotiation mechanisms and psychology. The mediator, unlike a court judge, has no decision-making authority in the dispute: the involved parties remain in full control of the procedure. Mediation allows flexibility and freedom for the parties to arrive at a resolution in the form of an agreement. The parties are also free to take into account additional aspects to be included into an agreement, like other IP rights, so that a satisfying agreement is achievable for both parties. The success rate of mediation is almost 80%.
  • 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.