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The Australian courts have continued to restrict the ability of applicants to obtain shape trade marks. In the latest case of Chocolaterie Guylian NV v Registrar of Trade Marks [2009] FCA 891, the Federal Court has agreed with the Registrar's refusal to register Guylian's well-used shape of a seahorse despite substantial use and high levels of consumer recognition.

OHIM President Wubbo de Boer wants to reform the opposition system for Community trade marks

The WTO has released its report on the second of two cases the US brought against China in 2007. Peter K Yu explains what they mean for IP owners

On September 3 2009 the European Court of Justice (ECJ) gave its ruling in Case C-482/07 on prejudicial questions regarding the interpretation of Regulations (EEC) No 1768/92, concerning Supplementary Protection Certificates (SPCs) for medicinal products and Regulation (EC) No 1610/96, which concerns SPCs for plant protection products.

Argentine Trademark Law protects both products and service marks. Under the Law, the ownership of a trade mark and the right to the exclusive use thereof are acquired by registration in accordance with Section 4 of Law 22,362 (trade mark law), which has adopted the attributive system. Consequently, if there is no registry of a trade mark, there is no right thereto.

In two recent decisions by the Technical Boards of Appeal (TBA), refusals of European patent applications by the examining division of the EPO have been deemed to constitute substantial procedural violations.

Indications are that the Commercial Court is relaxing its very strict evidential rules, making it easier for trade mark owners to delete unused pirated marks.

Whenever a person, whether Mexican or foreign, seeks to incorporate a company in Mexico, he will first require a permit issued by the Ministry of Foreign Affairs (the Ministry) approving the use of the name requested for the new company. The same applies when changing a name as a result of a merger or acquisition. Although Mexican law prohibits the use of an existing trade mark as a company name and that the Ministry should review whether the name requested is not confusingly similar or identical to any existing trade mark de facto, this often does not happen. Therefore, the examination process is merely limited to the names of the companies recorded in the Ministry's files.

Fernando Rosales-Vázquez educates applicants and petitioners to the Mexican IP office about an important amendment to procedures

A new agreement between the US and Peru has strengthened IP protection at Peru's borders. Oscar Mago Carranza explains the criteria for initiating an investigation and ensuring that infringing goods are seized