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Austria

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Italy's decision to grant Ferrari the right to trade mark the colour red demonstrates a more flexible, commercial approach to colour marks than the position adopted by OHIM and the ECJ, argues Diego Pallini of Notarbartolo & Gervasi

Fabrizio de Benedetti and Andrea Klein of SIB Società Italiana Brevetti explain how IP owners can make the most of tougher sanctions in the country's Criminal Code in their fight against infringers

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Last year Italian judges resolved closely watched disputes about what constitutes IP infringement in the life sciences sector. Massimiliano Mostardini, Giovanni Galimberti, Fulvio Mellucci and Licia Garotti of Bird & Bird review the decisions

One of the factors that is considered by trade mark tribunals in the United States when determining whether there is a likelihood of confusion between two marks is a comparison of the goods sold under the marks at issue. The test for trade mark infringement does not require that the goods sold under the respective marks be identical, or that they are even competitive. Rather, the test requires a relatedness between goods (or services) such that the products (or services) would be likely to be encountered by the same consumers in situations that would cause the mistaken belief that the products originate from the same source or that there is some association or connection between them. The determination, therefore, often yields different results based on specific facts.

In China, people call them "unauthorised business enterprise name registrations". In Hong Kong, they are referred to as shadow companies. After concerted efforts by individual trade mark owners as well as trade associations, IP lawyers in both jurisdictions have taken swift and successful action against unscrupulous businesses using the well-known trade marks of others when registering their businesses, often for the purpose of conducting trade in illegitimate goods and services. In February 2010, the Hong Kong Government was set to begin debating a bill to amend the Hong Kong Companies Ordinance in order to empower the Companies Registry to strike off these shadow companies. If passed, this legislation should prove advantageous for legitimate business owners seeking to protect their trade names and trade marks from unscrupulous use.

Sound recordings that are composed of a series of sounds fixed in any medium of expression by any mechanical device or equipment are protected under the Copyright Act in Taiwan.

When MediaCorp TV Singapore discovered that a local company called RecordTV designed, operated and owned a website (www.recordtv.com), which allowed members of the public to request free-to-air broadcasts and films owned by MediaCorp to be recorded for viewing, it immediately sent cease-and-desist letters to RecordTV.