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  • According to Article 153 of the Mexican Industrial Property Law, a mark can be cancelled from the register when it has become in trade and for relevant consumers, the usual name of the products or services it was registered for. This referenced provision regulates the case of marks that – by acquiring of fame and the tolerance of its owner – becomes the usual or generic name of a product or service in trade.
  • February 15 2011 marks the implementation of expedited patent examination in Malaysia by the Intellectual Property Corporation of Malaysia (MyIPO), under the Malaysian Patents Act 1983 subject to the Patents (Amendment) Regulations 2011. Apart from bringing a large number of patent examiners of various technical expertises to overcome the backlog of pending patent applications in Malaysia, the introduction of expedited examination is one step to reduce patent pendency by expediting and accelerating allowance and issuance of a patent application.
  • The Customs surveillance service in Italy and in the EU was set up under EU Regulation 1383/03. Its purpose is to counter the spread of counterfeiting by boosting border checks.
  • Galel Yassin, an Arab resident of the Palestinian-administered territories imported cheap training shoes from China retailing for about £5 a pair. The shoes included four parallel diagonal stripes on each side. Israel Customs seized the goods, which Adidas claimed were infringing its famous three-stripe logo. The importer offered to add a line crossing through the four stripes, or a big cross on top; the solution to be implemented before the shoes were released from the docks. Adidas rejected both compromises.
  • The rapid growth of the internet in Indonesia has allowed the emergence of new conflicts that could trigger a breach of domain name and trade mark rights. For example, if a party registers a domain name using the mark of another party of which the registrant is not the trade mark holder, this action constitutes a trade mark infringement. In Indonesia the domain name registration is generally done without prior examination process. The examination performed by the governing body of domain names is merely based on the domain name registered previously.
  • The Madras High Court, in January this year, admitted a special petition under the Constitution of India (a writ petition) challenging the constitutional validity of the provisions establishing the Intellectual Property Appellate Board (IPAB). The IPAB, constituted to take over erstwhile functions of the High Courts in India, is the only statutory appellate body for certain decisions of the Intellectual Property Offices in India.
  • In an action for infringement of a 3D trade mark, decision 585/2010 of the Athens Multimember Court of First Instance defined the conditions under which a 3D trademark depicting the product that it distinguishes has distinctive character. The court accepted that the plaintiff's filled rolled wafer in the shape of a cigar was innovative, since wafers had previously been flat and without a filling. For this reason, the court found that a three-dimensional trade mark depicting the product has distinctive character.
  • On November 25 2010, the National Copyright Bureau of China (NCB) promulgated the Measures for Registration of Copyright Pledge, replacing the Measures for Registration of Copyright Pledge Contract of September 23 1996. The new measures came into effect on January 1 2011.
  • The Australian courts and the Australian Patent Office continue to have divergent views on the level of obviousness required to invalidate a patent. Whilst the Patent Office has attempted to move Australia towards the European so-called "problem and solution" approach, the courts highlight deficiencies in it and refuse to adopt the Office's preferred view.
  • Article 39.3 of TRIPs establishes that test data required as a condition to approve the marketing of pharmaceutical or agricultural chemical products which use new chemical entities, the origination of which involves a considerable effort, shall be protected against unfair commercial use.