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  • With budgets under pressure, many IP counsel are considering outsourcing trade mark work overseas. Darren Olivier of Bowman Gilfillan makes the case for choosing South Africa
  • Patent infringement litigation routinely involves engaging technical or scientific experts. They may be asked to opine on interpretation of patent claims – often case determinative; patent invalidity; and of course, infringement and the appropriate measure of damages, if any.
  • Law 99/2009, which entered into force in August 2009, has introduced amendments to the Italian industrial property code with respect to trade marks and patents.
  • The use of a trade mark that is identical or deceptively similar to another's trade mark leads to economic loss to the original proprietor as well as dilution of the mark and passing off. If the use of deceptively similar mark is in respect of pharmaceutical products falling in the same description, concerns of public health and safety also arise.
  • 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.
  • The admissibility of disclaimers in European patents has been an ever-popular subject, and it appears that the next wave is about to start.
  • The Benelux Trademark Office is very strict when examining the inherent registrability of a trade mark. On average, 10% of Benelux trade mark applications are provisionally refused for lack of distinctive character or descriptiveness.
  • The advocate general at the ECJ has backed Google's decision to sell adwords that use third party trade marks
  • The PCT was designed to benefit patent applicants and offices. More than 30 years on, is it still up to the job? Emma Barraclough reports
  • In the light of the global recession, Amit Aswal of Clairvolex provides tips on how to optimise the value of your patent portfolio and pending applications