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The recent decision HR-2009-1735-A from the Supreme Court concerns the interpretation of Section 39 of the Patents Act and in particular the doctrine of equivalence in relation to an analogy method patent.

In the late 1990's, the Trade-marks Opposition Board retained a consultant to undertake a study and survey of its clients and stakeholders. The results of the survey were intended to streamline the opposition process, thereby reducing workload and costs for the Board and its clients. Initially, it was determined that further information was required regarding the nature of the Board's clients and their use of the opposition process. Consequently, the consultant reviewed over 500 randomly selected, completed opposition files, 80% of which were from 1993 – 1996 and the remainder from 1985 – 1988.

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.

From Pascual Segura, director, University of Barcelona Patent Centre

A monthly column devoted to IP curiosities and controversies, named in honour of John of Utynam - who received the world's first recorded patent in 1449

In its recent Decision 530/189/2009, the Hellenic Communications and Post Commission (EETT) accepted a complaint filed by the French company Société Anonyme des Mineral d' Evian against the registration of the domain name www.evian.gr in the name of a Greek subject. In particular, it held that Evian trade marks are well known internationally and that the domain name registration in the defendant's name may cause a likelihood of confusion, infringes their high distinctive character and may well result in their dilution, and that these dangers run contrary to the principles of good faith and good business morals.

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.

With effect from August 1 2009, Measures for the Management of the Reproduction of Audio-Visual Products were replaced by new measures issued by The General Administration of Press and Publication (GAPP). Aimed at strengthening the management and facilitating the healthy development of the reproduction industry in China, the newly enacted Measures For Reproduction Management consist of six chapters and 43 articles focusing on the establishment and management of business entities conducting reproduction activities, management of reproduction equipment and legal liabilities for any unauthorised activities.

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

Buying the rights to name a venue offers IP owners a publicity-winning opportunity. But such deals can be complex. James D Weinberger provides a guide