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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

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.

On January 8 2010 a remarkable ex-parte injunction order in a patent case was issued in summary proceedings at the Court of The Hague.

The Australian Federal Court has refused to find an internet service provider (ISP) liable for the illegal downloading of files by its customers. In Roadshow Films Pty Ltd v iiNet Limited (no 3) [2010] FCA 24, a collection of film industry owners sued iiNet in a landmark case that attempted to hold the ISP liable for the admitted acts of downloading movies using the BitTorrent network.

The advent of instant messaging, text messaging and internet speak has created a lingo reflective of the evolving state of language and communication. Many words and phrases have been reduced to non-standard abbreviations and symbols, including initials for profanities which would be easily recognisable to the messaging masses. Whether the Trade-marks Office will view such abbreviations as registrable or contrary to Section 12(1)(e) of the Trade-marks Act is yet to be determined.

Italian-headquartered Sisvel administers patent pools for some of the world's biggest electronics companies. Founder Roberto Dini spoke to Emma Barraclough about licensing, enforcement and patent trolls

In the summer of 2009, the principle of regional exhaustion for goods released into circulation in the European Economic Area (EEA) was introduced into the Swiss Patent Act. Thus, the patent owner's exclusive right is deemed exhausted when patented products have been released on to the market by the owner or with his consent within the EEA or Switzerland. Such products can accordingly be imported into and sold in Switzerland notwithstanding the patent in Switzerland covering these products.

Under the previous Korean Trade Mark Act, when a company filed a trade mark (mark B) that was similar to a prior trade mark registration (mark A) that had grounds for invalidation, as long as mark A was registered and valid when mark B was filed, mark B could not be registered because of its similarity to mark A. This applied even if mark A was invalidated after mark B had been filed. Therefore, in a case where mark B was rejected on the grounds of similarity to mark A, the company filing mark B had no choice but to first invalidate mark A, and then refile mark B.

For over 11 years, Lucas and Peterson have been locked in a patent dispute over a portable saw mill. Lucas, an Australian company, was involved in the design and manufacture of outdoor machinery. Lucas' principal product was a grabber, which is a device for picking up logs. Peterson was a New Zealand company and its principal product was a portable saw mill that it sold mostly in Australia, New Zealand and the Pacific Islands.

The battle between Lockheed Martin and Raytheon, the two of the largest companies in the global defence industry, reached a new level at the High Court in Malaysia last year. The argument was over the registration and use of the trade mark Paveway, a type of laser-guided bomb made by Raytheon in Malaysia.