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  • When parties are attempting to negotiate an amicable resolution to a trade mark dispute that is the subject of a Notice of Opposition before the USPTO's Trademark Trial and Appeal Board (TTAB), they sometimes hold off on seeking discovery or taking testimony – which can be both time consuming and expensive – in the expectation that they will be able to finalise an appropriate settlement agreement. The parties should, however, be very careful to ensure that ongoing settlement negotiations do not cause them to ignore or miss any filing deadlines, as failure to make certain filings by the prescribed deadlines can result in missed opportunities to protect a valuable trade mark.
  • Trade marks can be an effective way to protect products and packaging. Mark Shillito and Heather Newton consider what Community trade mark law has to offer
  • Peter Ollier spoke with University of Tokyo IP professor Katsuya Tamai about technology transfer, patent litigation and Japan’s plans to become an IP-based nation
  • With more patents issuing than ever before, there is a greater likelihood that your company will become a party to patent litigation. It is important, therefore, to familiarise yourself with the basic factors affecting the cost and duration of patent litigation.
  • The Information Commissioner is to be given tougher powers to regulate the Data Protection Act under proposals put forward by the government. The increase in new technology to collect vast amounts of personal information increases the risk of information being abused. Since HM Revenue and Customs lost 25 million child benefit records nearly a year ago, the number of breaches reported to the Information Commissioner's Office (ICO) has soared to 277 since November 2007. These include 28 breaches by central government, 75 within the NHS and other health bodies and 80 reported in the private sector.
  • The Singapore Treaty on the Law of Trade Marks was adopted by member states of the WIPO in 2006 and stems from the Trade Mark Law Treaty of 1994 (1994 Treaty). The Singapore Treaty introduces important changes to the 1994 Treaty and internationally harmonises the administrative rules and procedures for trade mark registration. Having received its 10th ratification by Australia, the Singapore Treaty will finally enter into force on March 16 2009.
  • In Malaysia a trade mark owner has the possibility of enforcing his rights by way of a trade description order wherein an order of court is obtained to declare an infringing brand as a false trade description, which allows infringing products to be seized by the authorities and the infringers prosecuted.
  • The following information is required in order to file a design application in Canada:
  • Since April 2007 a number of domain name disputes have been heard by the South African Institute of Intellectual Property Law (SAIIPL). A recent decision shows that even if a domain name registration promotes the complainant's services, the registrant still does not have the right to use the complainant's trade mark or to ride on his or her goodwill and reputation.
  • Our Designs Act was substantially reviewed in 2003 to try to broaden the protection available to applicants.