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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.

I will be going to the INTA Annual Meeting for the first time this year. I've heard it can be pretty daunting. How can I make the most of the meeting while retaining my sanity?

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

Almost 400 guests attended dinners on both sides of the Atlantic in March to celebrate the winners of Managing IP's global and North America awards

Almost 400 guests attended dinners on both sides of the Atlantic in March to celebrate the winners of Managing IP's global and North America awards

Despite extensive case law, there are still unanswered questions about repackaging of pharmaceutical products in the EU. Niels Lagerkvist Lehmann of Valea reviews the latest developments

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.