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Generic company Apotex must return £17.5 million ($28 million) plus interest that it was awarded from French pharmaceutical company Servier, an English judge has said

The Australian Government has this month introduced draft legislation, entitled Intellectual Property Laws Amendment (Raising the Bar) Bill 2011, sponsored by the Australian Patents Office, to amend the Patents Act in two fundamental areas.

Under Argentine Law, the ownership of a trade mark and the right to its exclusive use are acquired by registration in accordance with Section 4 of Law 22,362 (Trademark Law).

The US Court of Appeals for the District of Columbia has ruled that Pernod Ricard cannot renew its trade mark for Havana Club in the US

Portugal has launched an anti-counterfeiting website intended to educate the public about counterfeiting and provide an easy way to report counterfeit goods.

I know I need to register a brand before someone else does, but should I translate, transliterate or use a nick name?

Over the past few years, the use of gift cards has become increasingly popular among both consumers and retailers in the US. For the consumer, a gift card is beneficial because it alleviates the purchaser of the burden of selecting a particular gift and enables the recipient to select their own gift at their discretion. Similarly, the gift card is advantageous to the retailer because it guarantees an upfront payment and the potential for new consumer-driven business.

Thailand is one of the few jurisdictions that provides a mechanism for the protection of well-known marks. The mechanism is a relatively straightforward recordation, resulting in enormous savings (not just monetary but also in terms of time). The Trademarks Act confers protection for well-known marks, but lacks teeth. It was only in 2005 that the Department of Intellectual Property introduced a concrete mechanism for well-known marks (the Regulations on Notification of Well-Known Marks 2005). Several well-known marks have since been recorded, including Nike, Hello Kitty and Euro.

In 2011, the IP Court judges will be separated into two grand panels: one for the first instance level and the other for the appellate level.

In our article in last month's magazine, we reported on how Société des Produits Nestlé SA successfully obtained an ex parte injunction prohibiting the retail discounter Denner AG from selling and advertising coffee capsules compatible with Nestlé's Nespresso coffee machines which were similar in appearance to Nespresso coffee capsules. Nestlé's claims were based on a three-dimensional trade mark registration for the capsule shape, on a trade mark registration for the mark "What else?" and on unfair competition law.