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    Court of Appeal addresses passing off
    Malaysian law in relation to passing-off has been recently re-considered in extenso by the Court of Appeal in the case of Yong Sze Fun & Anor v Syarikat Zamani Hj Tamin Sdn Bhd & Anor [Civil Appeal No. W-02-367-2006].
    Managing IP Correspondent, February 29 2012
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    IPAB rules on business methods
    In a recent decision, Yahoo v Asst Controller of Patents & Anr, the Intellectual Property Appellate Board (IPAB) affirmed the decision of the Patent Office, rejecting Yahoo's patent application under Section 3(k) of the Patents Act, 1970. This may be the IPAB's first ever decision on the interpretation of Section 3(k).
    Managing IP Correspondent, February 29 2012
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    ACTA provokes protests
    Greece, together with 21 other EU countries, signed the Anti-Counterfeiting Trade Agreement (ACTA) on January 26 in a ceremony in Tokyo.
    Managing IP Correspondent, February 29 2012
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    Court rules on SPCs with negative duration
    Recently, the Court of Justice of the EU (CJEU) decided on yet another referral on the interpretation of Regulation 1768/92 EEC, which established supplementary protection certificates (SPCs). In the specific case (C-125/10, Merck Sharp & Dohme v DPMA), the Court had to comment on SPCs with negative duration.
    Managing IP Correspondent, February 29 2012
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    Limitation request refused
    The Appeal Court of Paris, in a judgment dated September 7 2011, has affirmed a decision of the Director General of INPI to refuse a request for a limitation of a European patent.
    Managing IP Correspondent, February 29 2012
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    EU patent court on hold
    Last month's briefing reported that observers had good reason to fear that the EU's proposal for a unitary patent system including a unified patent court would be rushed through under the current Danish EU presidency. However, things have now changed, and the EU patent court is on hold, once again.
    Managing IP Correspondent, February 29 2012
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    Boost for colour marks
    On November 4, the Brussels Commercial Court issued a decision regarding the Community trade mark Veuve Clicquot Ponsardin number 5069711 (figurative mark), Benelux trade mark number 746608 and CTM number 747949 (both colour marks), all for goods in class 33. The complex sign and the colour in question (Pantone 137C) are shown below.
    Managing IP Correspondent, February 29 2012
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    Avoid bifurcation pitfalls
    In a recent decision the Austrian Supreme Court had to decide on the professional liability of an attorney–at–law due to malpractice in a utility model infringement action.
    Managing IP Correspondent, February 29 2012
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    Unrestrained video recording allowed on the web
    Traditionally, video and DVD recorders have been able to be used in Australia for personal use in an almost unrestrained manner. Our legislature has also been concerned that our Copyright Act is able to deal with new technologies in an analogous manner. One new technology is video recording on the internet.
    Managing IP Correspondent, February 29 2012
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    Acquiring ownership of a trade name or designation
    In the commercial and business field it is common to use almost indistinctively expressions such as corporate name and trade name or designation. However, these expressions must be clearly specified and distinguished.
    Managing IP Correspondent, February 29 2012
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