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  • When entering into a trade mark licence agreement, there are certain representations that both the party in the position of licensor and the party in the position of licensee would be prudent to request from their prospective business partner. A representation is an incidental or collateral statement of fact on the faith of which a contract is entered into and, depending upon the language of the particular agreement, could be relied upon by the party to whom the representation is made in the event of a dispute regarding the licence agreement.
  • Patents can provide valuable economic and commercial benefits to patent holders. However, defending against infringement often hinges on the strength of the patentee's evidence supporting the patented invention. Laboratory notebooks play a significant role in these litigations, so one must prepare every notebook as though it were the key to winning that multi-billion dollar verdict. To ensure that any notebook, if called upon, will compel a judge or jury to view it as authoritative supporting evidence, consider the following guidelines:
  • Chi-Che Tung and Hsiang Cheng of Formosan Brothers outline issues and developments in the prosecution procedures for invention patents
  • Trade mark rights are based on the principle that parties must obtain a valid registration to ensure that said rights will be immediately in force once the registration is granted.
  • This summer the Italian government devised an extraordinary plan to relaunch the Made in Italy slogan with particular regard to the protection of IP rights. The intervention of the government aims to discourage the widespread phenomenon of infringement and counterfeiting that is damaging the Italian economy and the famous creativity of Italian manufacturers.
  • In Canada, a trade mark may be either registered or unregistered. An unregistered trade mark, often referred to as a common law trade mark, is one being used by a party to distinguish its wares and/or services from those of another in a certain geographic area that has not acquired the protection of registration under the Canadian Trade-marks Act.
  • The ICANN Board adopted at its June 26 meeting policy recommendations on the introduction of new gTLDs. A final version of the implementation plan must be approved by the ICANN Board before the new process is launched. It is projected that the final version will be published in early 2009.
  • EU member states last month agreed a deal that would cut the cost of Community trade marks by up to 40%
  • The Federal Circuit last month threw out the established test for design patent infringement in the US in what many are heralding as a long overdue shift in the design patent landscape
  • The Supreme Court's eBay decision made it harder for patent trolls to obtain injunctions. Bas de Blank and Fabio Marino explain why the ITC may give them an escape route