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  • As mentioned previously in this column (December 2010), the EPO has amended its procedures immediately prior to grant of a European patent. The changes are effected in Rule 71, and new Rule 71a EPC, which enter into force on April 1 2012, and apply to European patent applications for which a communication under existing Rule 71(3) EPC has not been dispatched by this date.
  • The State Administration for Industry and Commerce recently announced that the examination period for trade mark applications has been further shortened to 10 months, comparable to the time taken by the US and Japanese offices. The examination period for opposition and dispute cancellation applications has also been shortened, to 18 months.
  • Lindt's golden bunny has – as is generally known – already hopped its way to Luxembourg in order to clarify under what conditions a trade mark application has been filed in bad faith.
  • Australia is about to see an alteration to its patent laws driven by the Australian Patent Office. The Intellectual Property Laws Amendment (Raising the Bar) Bill 2011 was just passed by the Australian Senate. Given the lack of political interest or opposition to the Bill, it is likely to be approved within three months, to become law 12 months after approval.
  • Well-known trade marks enjoy a privileged level of protection in two respects. First, the legal system provides protection even in cases where a well-known mark has not been registered. Second, the specialty principle whereby a trade mark is only legally protected in relation to those products or services for which its registration was requested and granted is not applicable.
  • The South African Advertising Standards Authority (ASA) has ruled that retailer Woolworths must stop using the phrase Good Old Fashioned as it imitates a beverage manufacturer's Good Old Fashioned Soft Drinks advertising slogan.
  • A Nigerian diplomat has been given the task of kick starting talks at the WTO over a multilateral register for geographical indications for wines and spirits
  • IP owners who sue infringers under the UK’s new small claims track cannot request interim injunctions or be awarded more than £5,000 in damages
  • The European Parliament's Committee for International Trade (INTA), the lead committee on ACTA, has rejected a call for it to ask the Court of Justice of the EU whether the trade deal is legal.
  • Comments on social media bring up trade mark, PR and libel issues. How do we protect our reputation without appearing too aggressive?