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Following the Nokia and Philips judgments last year, and recent suggested amendments to the Customs Regulation, Managing IP asks whether EU law should be amended to give Customs greater powers to seize IP-infringing goods. Two lawyers give two different views

In Taiwan, an invention for an article or device may be protected by either an invention patent or a utility model patent. The term of an invention patent is 20 years, but substantive examination may take one-and-a-half to three years. Although the term of a utility model patent is 10 years, since substantive examination is not conducted, a utility model patent generally may be obtained within four to six months of filing. Therefore, some applicants employ the strategy of filing invention and utility model patent applications for the same invention on the same day.

One method typically employed by brand owners to develop brand awareness is the consistent use of a particular colour for its products or packaging. The goal is for consumers to see a product or packaging in that colour and immediately make the connection with a particular source. The use of the colour on a product or its packaging can, in turn, come to signify a specific brand.

In a case involving a number of parties with conflicting claims to the designation Go Fast, and a rather complex factual background (too long to be summarised here), the Swiss Federal Supreme Court clarified the preconditions for claims to assignment of infringing designation rights, as an alternative to cancellation claims.

An applicant filed a trade mark application for a combined designation consisting of a stylised snowflake and stylised word part, Hispania.

Proving trade mark reputation in Poland is very difficult and it is rare that the Polish Patent Office considers evidence to be sufficient to grant such status.

The period of opposition against a granted patent in Norway is nine months. However, after the opposition period has expired, there is a lifelong opportunity for third parties to request an administrative review of a granted patent before the Norwegian Industrial Property Office (NIPO). A request for an administrative review may be requested for any Norwegian patent whether granted by NIPO or EPO patents validated in Norway.

A fundamental requirement of a registrable trade mark is that it must be capable of distinguishing one trader's goods or services from those of another. The recent High Court decision of AMI Insurance v AA Insurance, IAG New Zealand, Vero Insurance New Zealand and Tower Insurance, emphasised the importance of choosing a distinctive trade mark that is capable of indicating the origin of a product or service in trade.

The Federal Law for Consumer Protection (FLCP) contains a set of generic rules for the advertising of practically all products and services. It focuses on protecting consumers' rights, whereas the Consumer Protection Bureau (PROFECO) is the governmental agency in charge of investigating and resolving matters arising under the Consumer Protection Law.

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].