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  • Questions in a dispute over the sale of counterfeit goods on eBay have been referred to Europe's highest court
  • More judges may start appointing independent experts to help juries understand technical issues in patent cases. This is how to turn the trend to your advantage
  • As policy makers search for ways to tackle climate change, IP owners are becoming concerned that patent rights in green technologies could be under threat. Eileen McDermott and Emma Barraclough report
  • Companies worldwide have been affected by the global credit crunch. Karen Abraham and Jyeshta Mahendran of Shearn Delamore & Co look at what strategies brand owners can adopt to weather the storm
  • Challenging economic conditions and thus increasing competition drives patent wars before the courts in Turkey as all over the world. In particular, famous international players in the pharmaceutical industry review all patent rights in this war against others including of course generic drugs manufacturers.
  • In Hewlett-Packard Company v The Department of Intellectual Property [Supreme Court Case no 3685/2551 (2008)], the Supreme Court affirmed the judgment of the Central Intellectual Property and International Trade Court (IP&IT Court) by using the concept of distinctiveness through use or secondary meaning.
  • Despite the downturn in the global economy, trade mark licensing continues to be an integral component of the business models of companies in the position of both licensor and licensee. Even in an economic recession, trade mark licensing provides the opportunity for a trade mark owner to generate revenue and capitalise on the reputation of their brands. Similarly, licensing remains an opportunity for licensees to offer consumers products bearing an established trade mark. The present economic climate has, however, often necessitated that licensees and licensors re-evaluate the commercial terms and conditions that they agreed to when negotiating the licensing arrangement.
  • 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
  • On January 16 2009, the Appeals Court of the Supreme People's Court in Ho Chi Minh City overturned a ruling of a lower court in a trade mark cancellation case that has drawn the attention of many IP practitioners and scholars in Vietnam.
  • The Consumer Protection Department of the UAE Ministry of Economy has recently announced plans to set up a consumer protection court in the Emirates. The Consumer Protection Department was established in 2006 and has since focused its efforts on reining in rising food prices. However, it is expected that this new measure will be of more general effect in protecting consumers. The remit of the proposed court has not been clarified, but it is assumed that the court will tackle other issues than overpricing – issues such as piracy and counterfeiting.