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When selecting a new name and ascertaining whether it is available for use as a trade mark, a company cannot simply disregard third-party uses of confusingly similar marks that are made in connection with non-competitive goods or services. It is a common misperception that a new use of a mark will not infringe a senior use of a confusingly similar mark if the two uses are made in connection with products or services that do not compete with one another.

A common fear among trade mark proprietors, particularly those with bigger, wider portfolios is that they might lose their title by not using their registered mark. Thai law does not require use of a trade mark per se to maintain registration, nor does any statement of use certifying that the trade mark has been used need be furnished.

On November 29 2011, Congress passed the biggest amendment of the decade to Taiwan Patent Law. While the effective date is still undetermined, it would be best for applicants to make early preparations for the changes to come. The most significant change relates to the design patent, now renamed as such and encompassing a wider subject matter including icons and GUIs, derivative designs, and a portion of an article with specific design features or multiple articles of the same category that are customarily sold as a set.

The Swiss Federal Administrative Court recently decided on the appeal against a decision of the Swiss Patent Office to deny grant of a supplemental protection certificate (SPC) for a newly approved pharmaceutical product (Panitumumab). The Court held that an SPC cannot be granted on a basic patent for a combination of two different active ingredients, if the marketing authorisation is only for one active ingredient of this combination.

With effect from December 1 2011, in order to cover increased operating costs, IPOS revised some of its official fees in respect of trade marks, patents and designs.

Mothers in law inspire many stories. And while the relations between the members of a household are always a very intimate thing, relations between a mother in law and a son in law are a particular phenomenon. Suffice it to say that the internet contains a voluminous site dedicated to stories about mothers in law.

The District Administrative Court has issued an interesting judgment concerning foreign names registered as trade marks in Poland.

In the case of Gemma Ong aka Maria Teresa Gemma Catacutan v People of the Philippines on November 23 2011, the Supreme Court held that "the defence of denial is unavailing when placed astride the undisputed fact that there was positive identification of the accused". This case began 13 years ago, upon a complaint of infringement of the Marlboro trade mark by the Economic Intelligence and Investigation Bureau (EIIB). Armed with a search warrant, on September 25 1998 the EIIB went to the premises of one Jackson Ong where the accused, supposedly the spouse or common law wife of Jackson Ong, was found. The accused initially refused the EIIB entry but they were eventually able to search the premises and found several boxes containing boxes of fake Marlboro cigarettes.

There is new practice in Norway related to SPCs on combination products following recent Court of Justice decisions in Medeva and Georgetown University.

A recent High Court decision, Interpharma (NZ) Limited v Commissioner of Patents, considered the question of whether a patent amendment after acceptance is open to judicial review.