Search results for

For many years, the Mexican Trade Mark Office (MTO) has been accepting letters of consent from the owners of prior trade mark registrations in order to overcome a reference cited as anticipation in the prosecution of a trade mark application that can be considered as similar or even identical.

As noted in our update in last month's issue, the Knesset (Israel's parliament) recently enacted the Copyright Law 2007 "Copyright Law", which establishes a comprehensive statutory copyright regime and replaces legislation enacted in 1911 and 1924. The new law will come into effect in May 2008. In addition to the changes in respect of copyright ownership and moral rights discussed in last month's update, other significant changes include:

Since regulation (EEC) 1768/92 on supplementary protection certificates (SPC) appeared, it has been the object of numerous court actions, which have defined terms such as "product" and "Community".

The Irish High Court has recently given a landmark decision concerning Council Regulation (EC) 6/2002 (the Regulation) which protects Community design rights. This decision generated much interest in Ireland as there is little case law here concerning unregistered design rights and the interpretation of the Regulation.

According to the Czech Trade Mark Act, an opposition against a trade mark application must be filed, complete with reasons and evidence, within three months from the publication of the application. This deadline for filing of an opposition cannot be extended and failure to comply with it cannot be excused. Any additions or amendments and evidence presented in support of the opposition after the deadline will be disregarded by the Industrial Property Office.

Following an internal meeting on October 16 2007, the Trade Mark Review and Adjudication Board (TRAB) concluded that they would consider the following when dealing with a letter of consent:

The Austrian Supreme Court has requested a preliminary ruling from the European Court of Justice (ECJ) regarding the three–dimensional trade mark of a sitting golden chocolate rabbit (CTM number 1,698,885).

As a signatory to the Convention on Biological Diversity (CBD), South Africa introduced the South African Biodiversity Act in 2004 in order to comply with its international obligations. The process did not, however, end there as further legislative protection was required to assure full compliance with the CBD and the Bonn Guidelines on access to genetic resources and the fair and equitable sharing of benefits arising from their use. To this end the South African Patents Act has been amended to link it to the South African Biodiversity Act.

When the US joined the Madrid Protocol in 2003, WIPO was optimistic that it would inspire other countries in the Americas to join the system. Eileen McDermott looks at the progress so far

Austria TRADE MARK PROSECUTION Tier 1 Sonn & Partner Tier 2 Patentanwälte Puchberger, Berger & Partner Schönherr Rechtsanwälte Torggler & Hofinger Wiltschek Rechtsanwälte Tier 3 Barger, Piso & Partner Beer & Partner Patentanwalt Dr Thomas M Haffner Patentanwälte Schütz und Partner