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UDRP decisions often address cases where there are trade mark licences involved. Hee-Eun Kim of WIPO examines what conclusions panels have reached, and provides some lessons for licensors and licensees

In its effort to improve the quality and effectiveness of its service, the Italian Patent and Trade Mark Office (PTO) is dealing with the problem of how best to deliver to Italian patent applicants the search reports performed by the European Patent Office (EPO). Starting from July 1 2008 national patent applications not claiming a priority undergo a search carried out by the EPO.

The Bureau of Legal Affairs is often reluctant to recognise marks as internationally well known. Editha R Hechanova of Hechanova Bugay & Vilchez provides some guidance for brand owners

The Korean Patent Court has been increasingly using survey results as evidence to establish the distinctiveness of a trade mark. Distinctiveness is a requirement for registration and is often one of the main issues in trade mark infringement disputes. Until recently, the Korean Patent Court was reluctant to accept surveys as evidence to support distinctiveness, even though surveys may be the best method to show consumers' recognition of a trade mark. A main reason for the reluctance of the Patent Court was because the Court often found the surveys were designed to favour the plaintiff and could be interpreted many different ways.

The Intellectual Property Office of New Zealand (IPONZ) has issued updated guidelines for the examination of Swiss-type (second medical use) claims. Several topics are covered in the guidelines, including novelty requirements, allowable subject matter and sufficiency requirements. The guidelines are available online at IPONZ's website.

On July 15 1998, respondent Sabine Koschinger obtained a favourable decision from the Regional Trial Court of Makati City on her complaint for design infringement and damages against the national carrier Philippine Airlines (PAL). Koschinger claimed that PAL used her patented designs on linens and placemats in its commercial flights without her consent or authority. The decision was appealed by PAL to the Court of Appeals.

The Polish Supreme Court has recently issued an important decision concerning infringement of rights deriving from a trade mark registration by another trade mark registered later.

The Russian examiner fell victim to his love for France when he decided a trade mark application was a menace to the national interests of France. An applicant from the Ukraine filed a trade mark application (number 2006706477/50) claiming Evsinjak in Russian and Latin characters for alcoholic beverages. The examiner refused the application arguing that Evsinjak (Evsignak?) could be perceived by the consumers as a word of French origin and could even be understood as pointing to a geographical indication. The applicant appealed the decision of the examiner to the Chamber of Patent Disputes (CPD), which reversed the decision and pointed out that the word in Russian and Latin was not a word in either language including of any language using Latin characters. In fact, the word was coined by the applicant. He argued that the examiner refused registration because he believed France was one of the leaders in the production of alcoholic beverages including Cognac and Armagnac and consequently the claimed designation could be misleading with regard to the location of production of those beverages.

Recently, the provisions for non-use of a trade mark in Australia have been examined by the Full Federal Court in E & J Gallowinery v Lion Nathan Australia Pty Limited [2009] FCAFC 27. Lion Nathan had introduced a beer Barefoot Radler into the Australian market and Gallo had a prior registration for Barefoot for wine. After the parties got into a dispute, Lion Nathan applied for removal of the Gallo trade mark for non-use.

Folklore and other forms of traditional knowledge – that is artwork, stories and legends, traditional medicinal preparations, traditional symbols and the like originating from indigenous sources – have become items of commercial significance in the modern world. Traditional communities are seeking protection for their works similar to that enjoyed by IP owners, endowing works with the ability to earn revenue.