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  • In a recent judgment (Number 229/2009), in the context of provisional measures proceedings, the Athens Single Bench Court of First Instance granted an injunction against a hotelier who was using the composite sign "Athens Easy Hotel" in white lettering with an orange background in the course of his business. The EasyGroup company owned by Stelios Haji-Ioannou, the serial entrepreneur, which owns the easy brand including various CTM registrations, such as Easy Hotel and Easy Hostel, sought injunctive relief against the defendant.
  • Pursuant to section 45 of the Canadian Trade-marks Act, any person may request that the Registrar give notice to a registered owner that the owner must show use of its mark in association with the goods and services identified in the registration. Such cancellation notices may be sent at any time following three years of registration. The procedure, administered by the Trade-mark Opposition Board, generally through specialised hearing officers, is aimed at the efficient and expeditious removal of deadwood from the register. Deadwood is particularly a problem owing to the lengthy term of initial protection, namely fifteen years, as opposed to the more common ten years.
  • FIFA has secured its first ruling against ambush marketers, earning a court judgment against Pretoria's Eastwoods Tavern. The popular sports bar is located close to the Loftus stadium, one of the venues that will host games during next year's Soccer World Cup tournament.
  • During 2007, the Dubai Court of First Instance was called on to confirm the validity of the trade mark Aqua, used in respect of metal drain covers and the cancellation of the trade mark Aqua M BBM used and registered in respect of identical goods. The court dismissed the action, a decision that was confirmed by both the Courts of Appeal (Number 631/2007) and Cassation (Number 95/2008).
  • The Russian Patent Office refused registration of the trade mark In God We Trust, which was filed by a Russian company for goods in class 16 (paper and paper products) and services in class 37 (insurance, financial activities and related services). The applicant did not agree with the rejection of the Patent Office and appealed the official action. The Court then cancelled the decision of the Patent Office. In its turn the Patent Office filed a complaint against the decision of the lower court to the Court of Appeal, which cancelled the decision of the court of first instance based on the following arguments.
  • The purpose of the Act on the Evaluation of Chemical Substances and the Regulation of Their Manufacture. (Kagakubusshitsu no Shinsa oyobi Seizoto no Kisei nikansuru Horitsu, Law no 117 of 1973, the Chemical Substances Control Law) is to control the manufacture and importation of chemical substances which might affect the natural environment or human health. Under the Chemical Substances Control Law, notifications are required for the manufacture or importation of new chemical substances. However, notifications are not required for the manufacture or importation of existing chemical substances, which are comprised of approximately 20,000 different types of substance and had already existed at the time the Chemical Substances Control Law was established in 1973.
  • A patent confers exclusivity upon the patentee to exploit an invention and to produce, sell or import the patented product or process for a limited period. However, there are some limitations to this exclusive right, such as research exemptions, providing some information to the authorities and the Bolar exception. The Indian Patents Act, 1970 incorporates these exceptions under Sections 47, 100 and 107A.
  • Barcode technology trialled in Sweden A new anticounterfeiting system to identify genuine medicines is to be piloted in Sweden later this year. The 2D data matrix barcode, revealed last month by the European Federation of Pharmaceutical Industries Associations (EFPIA), contains a unique serial number and when scanned will alert pharmacists to the possibility of a counterfeit product.
  • Managing IP reports on highlights from the sessions, the keynote speeches and the receptions in Seattle last month
  • Selecting the right venue is a vital step when litigating in China. Peter Ollier explains why plaintiffs may benefit from considering courts beyond Beijing and Shanghai