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  • From November 1 2010 it will be possible to register domain names under the sub-domain .co.no in Norway. For the first three months, only registrations by companies with a trade mark registration corresponding to the domain name will be accepted. The registrations are accepted based on a first-to-file principle. After three months anyone may apply for a registration of a domain name under .co.no. Having a place of business in Norway is not necessary.
  • The protection and assertion of IP rights is perhaps as important as their acquisition. While there has been a recent spurt in the number of trade mark registrations, infringement has also been on the rise. A recent decision of the High Court of Delhi in Cadila Healthcare v Diat Foods (India) highlights yet another attempt by a company to safeguard its brand.
  • The Federal Court of Canada recently issued a landmark decision regarding patent eligibility, holding that business methods can be patented in appropriate circumstances.
  • The Australian Patent Office has announced a revision of its practice in allowing parties to extend the prosecution time of patent applications by filing a last-minute divisional.
  • Omega SA v Costco. Granted certiorari by the Supreme Court
  • It is a common practice among entrepreneurs in the fashion business to offer their customers goods marked with a famous brand on a principle called "total look". The principle consists in offering to customers not only clothing, but also the full set of accessories, such as handbags, watches and glasses. It may happen that a trade mark has been registered only for clothes and its protection does not cover other accessories. In spite of this, some customers see the existence of strict connections between the clothing and accompanying fashionable goods, and may think that those goods have been made by the same entrepreneur. The reason is that the goods complement each other and contribute to the creation of an overall image to a certain circle of customers. In such case, the protection may be extended to those accessories that are not covered by trade mark registration (see case T-443/05, El Corte Inglés/OHIM Bolaños Sabri, PiraÑAM diseño original Juan Bolaños). As frequently happens, the accompanying accessories are the elements that create and decide someone's personal image, giving that person an original character and originality.
  • The Supreme Court agreed in November to clarify the scope of the Bayh-Dole Act with respect to ownership of federally funded inventions.
  • Many jurisdictions don’t use surveys in trade mark disputes. In those that do, many judges regard them with scepticism. Here is a guide to when and where it is worth the cost
  • Enforcing security interests is not always as simple as we may want it to be, especially when it comes to chasing debtors who retain title or possession of secured IP, or any movable asset collateral, where the debtor can assign or set that asset as collateral in other credits. This situation has driven creditors to refuse to take movable assets as security interests unless they are left in consignment with a creditor or third-party depositary.
  • A Romanian court has ruled that price approval for a generic medicine does not infringe the patent for the reference product.