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  • Laura Collada of Dumont considers the critical need for an effective opposition system as Mexico readies itself to accede to the Madrid Protocol
  • A Russian applicant, Guns Ltd, filed a trade mark application and obtained registration 442267 with priority of December 16 2010 for the mark below.
  • On September 12 2012 Philippine president Benigno S Aquino signed into law the Cybercrime Prevention Act of 2012 (Republic Act 10175) which took effect on October 3 2012. The crimes covered by this Act are: (a) offences against the confidentiality, integrity and availability of computer data and systems, which include cybersquatting, (b) computer-related offences such as computer-related forgery, fraud and identity theft, (c) content-related offences such as cybersex, child pornography, unsolicited commercial communications and libel, and (c) other offences such as aiding and abetting in the commission of the cybercrime, and attempt in the commission of the cybercrime.
  • The patent prosecution highway (PPH) is a bilateral work-sharing programme designed to improve the efficiency of patent offices and reduce workload and application backlog. Specifically, the PPH allows an applicant to fast track an application in one patent office if at least one claim in a corresponding application has been deemed patentable by another patent office. Studies of the PPH have shown that participating applications have shorter pendency times and result in the grant of higher quality patents.
  • From the standpoint of patent laws, every patent application is allowed to cover one invention only or a group of inventions linked by a unifying underlying concept. For instance, a product and a process especially adapted for the manufacture of that product or a process and means for carrying out the process are widely accepted as constituting unity.
  • New Zealand brought its three-strikes law into force in September 2011 under the provisions of the Copyright (Infringing File Sharing) Amendment Act. The Act provides a mechanism for copyright owners to issue warnings, via ISPs, to internet account holders accused of illegally sharing copyright files – in particular, by way of file sharing software such as BitTorrent. ISPs have vocally objected to having to deliver the message to their customers on behalf of copyright owners. Copyright owners have also objected to the NZ$25 ($21) fee they have to pay to the ISPs.
  • In a recent decision regarding a European patent owned by AGA Medical Corporation the District Court of The Hague assessed the question of added subject matter. The patent relates to septal occlusion devices with claims directed to a device made of a tubular braided metal fabric that is extended in diameter towards both ends, so with the shape of a dumbbell, where at least one of the extended portions is cupped towards the other. Occlutech International sought a declaratory judgment that its devices do not infringe the patent and challenged validity of the patent.
  • 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.