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  • US trade mark law offers parties the ability to oppose the registration of a mark that is considered to be primarily geographically deceptively misdescriptive. That is, a mark that consists of a term that has a geographic significance but is used in connection with products that do not originate from that location. This right is embedded in US law because any mark which is likely to cause consumers to believe that the goods sold under the mark originate from a geographic place when they do not, in fact, originate there, is potentially misleading. Similarly, a party that actually offers products from the geographic location identified may be damaged if a competitor is allowed to use and register that location as a mark for products originating elsewhere.
  • In the eyes of the law, a company is a separate legal entity from its members and directors. The acts of a company, including any wrongful acts are attributable to, and liability therefore rests with, the company as a separate entity and not with its members or directors. This principle from the Salomon case, that there is a "corporate veil" between a company itself and its members or directors, is a well-entrenched principle of company law and the Malaysian courts are bound to abide by it unless there are cogent reasons to depart from it.
  • French industry organisation Comité Colbert has teamed up with Cartier, Chanel, Christian Dior, Lacoste, Longchamp, Van Cleef & Arpels and Louis Vuitton to launch an anti-counterfeiting campaign targeting tourists in search of discount French designer brands
  • Jochen Pagenberg, a former member of an EU Commission-appointed Expert Committee on the future patent court, has told the EU president that the unitary patent package due to be discussed by member states today is an “unworkable solution”
  • Colombia has deposited its instrument of accession with WIPO as part of the process to join the Madrid system on international trade mark registration
  • A few simple steps could prevent you losing the rights to a valuable trade mark in China, say Zhu Zhigang and Paul Ranjard. They include a notarised contract, an exclusive licence and strategic discretion
  • Recent cases demonstrate a lack of consistency in the application of copyright law in China, say Yihong Ying and Ling Jin, particularly affecting graphic user interfaces. Draft reform will only lend limited aid
  • The top 10 life science litigators in the US, as compiled by Managing IP. Read how, why and with what success each of these 10 men and women got into patent litigation, as told to Karen Bolipata and Phillip Bausk
  • Most co-marketing and co-promotion deals in developed markets fail within five years. Richard Bird and Ma Ya explain how to structure deals that will succeed in China
  • Government and tobacco companies recently faced off in Australia’s High Court over the legality of plain packaging for cigarettes. Stephen Stern and Matthew Rimmer give their contrasting views on the arguments and implications