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  • In many jurisdictions, non-conventional trade marks are in principle recognised as valid and viable trade mark types, but trade mark owners seeking to register such marks will often face special problems, with stricter registrability tests being applied than in the case of conventional trade marks. This is certainly also the situation in Switzerland under current practice. However, in a recently published decision, the Federal Supreme Court established for the first time in its practice the criteria for registrability of musical marks (sound marks consisting of a sequence of musical notes) and thereby significantly facilitated the registration of such marks compared to the previous practice of the Swiss Trade Mark Office and the Federal Administrative Court.
  • A comprehensive indication means an indication of goods including various goods and is divided into comprehensive indication in a narrow sense, as recognised on January 1 2007, and comprehensive indication in a broad sense, as recognised on September 16 2008. A comprehensive indication in a broad sense means an indication of goods which falls under multiple similarity codes within the same class, for example clothing, and comprehensive indication in a narrow sense means an indication of goods which falls under the same similarity code within the same class, for example footwear.
  • The World Intellectual Property Organisation (WIPO) will officially be opening a Singapore Office of the WIPO Arbitration and Mediation Center (WIPO Center) in January 2010. The WIPO Center is the first outside of Geneva and will be located at Maxwell Chambers in Singapore's International Dispute Resolution Center.
  • On December 7 2009, the Court of Appeals reversed the decision of the Regional Trial Court of Makati dated July 15 1998, finding Philippine Airlines (PAL), the country's national airline, guilty of infringing the patented shell designs of Sabine Koschinger, with award of nominal damages and attorney's fees of P70,000 (about $1,500). Koschinger was the owner of two industrial design patents (4271 and 4273) filed with the Intellectual Property Office (IPPhil) on May 31 1988 and issued on January 24 1989. She claimed that for its first class flight accommodations, PAL used table linen and placemats depicting her designs without her authority. From January to April 1988, PAL purchased its linens and placemats with Koschinger's shell design through the Philippine Trading International Corporation (PITC), but in May 1988 PAL stopped ordering from PITC and sourced it elsewhere.
  • On 18 December 2009, the New Zealand High Court and Court of Appeal both issued trade mark decisions, one considering a procedural issue and the other trade mark infringement.
  • On December 15 2009, the IP High Court of Japan rendered a decision dismissing a request for a preliminary injunction by an applicant wanting to prevent the respondent from initiating legal action in a foreign country.
  • Although grey goods, also known as parallel imports, are regulated under the Mexican Industrial Property Law (IPL), the IPL treats grey goods bearing trade marks very differently from those involving patents.
  • The State of Israel, represented by Dr Shlomo Cohen & Co, Law Offices, has filed a NIS500 million ($132 million) lawsuit in the Tel Aviv District Court against Omrix Biopharmaceuticals Ltd and entrepreneur Robert Taub. Omrix, bought by Johnson & Johnson in 2008 for $438 million, has commercialised a number of related inventions concerning medical adhesives for treating haemophiliacs and other applications. In the lawsuit the state claims that the company stole its intellectual property.
  • The government's anti-piracy programme stepped up a notch at the end of 2009 with three important events taking place in December.
  • As reported in Managing IP, the Competition Council of the European Union has recently agreed on a set of conclusions on an enhanced patent system in Europe. The main features of the system include an EU patent to be granted under the provisions of the European Patent Convention, that is by the EPO, as well as a European and EU Patents Court (EEUPC).