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  • Writer Dostoevsky would have hardly experienced any problems with trade marks during his life. In fact, one is unsure whether trade marks had any commercial value in those times in Russia. But now his name has come up in a trade mark problem before the Chamber of Patent Disputes.
  • In-house counsel tell Simon Crompton how their IP outsourcing to India has grown, to encompass everything from docketing to patent drafting. And a survey of the top providers compares their services
  • David Ehrlich reveals some lesser-known uses of US trade marks that could keep foreign trade mark owners from having their US rights wiped out
  • Last year’s European Patent Office rule changes are playing out better in practice than many feared. Richard Howson cautiously predicts that the office is becoming more user-friendly
  • Icann’s final Applicant Guidebook for new gTLDs, released today, offers few new concessions to the interests of trade mark owners
  • Team Lotus has won the rights to the goodwill associated with that name in a case before the High Court against Group Lotus.
  • A monthly column devoted to IP curiosities and controversies, named in honour of John of Utynam – who received the world’s first recorded patent in 1449 diary@managingip.com
  • The recordal of a licence is mandatory under the Thai Trademark Act. However, in practice, the need to register is often willfully ignored by the trade mark owners, who find the requirement burdensome. With foreign companies, that lack of awareness is often the key reason behind non-compliance, exacerbating the risk of potential conflict inherent in the enforceability of such unregistered licence agreements.
  • The IP Court has jurisdiction over IP-related civil cases pursuant to the IP Court Organic Act and IP Case Adjudication Rules. However, jurisdiction is not exclusive according to the Rules. A legal question thus arises: if a plaintiff commences an IP-related civil action in a district court, could the court refuse to hear the case on grounds of lack of subject-matter jurisdiction and transfer the case to the IP Court?
  • In a recent case the defendant, Zürich Insurance Company, had sent several cease and desist letters to the plaintiffs, claiming that their company name Zürich Trust Forum and registered trade mark Zürich Trust Forum infringed the defendant's trade mark and further IP rights. The letters demanded modest amendments of these names and mark. The plaintiffs subsequently sued the defendant for a declaratory judgement holding that the plaintiffs were not infringing any rights of the defendant and did not owe any damages.