Search results for

After the widely reported Häupl v Lidl case at the European Court of Justice (ECJ C–246/05), concerning the starting date of the five-year period in which to start use of international marks and about the validity of reasons for the excuse of non-use, we have now achieved a further referral to the ECJ by the Austrian Supreme Patent and Trade Mark Senate, the court of last instance in cancellation proceedings, in the case Silberquelle v Maselli over the trade mark WELLNESS for non–alcoholic beverages.

What can a brand owner do if a company sets itself up using that brand in its company name? To date brand owners have had little alternative but to commence proceedings for trade mark infringement and/or passing off and to seek an injunction requiring the company to change its name. That looked set to change with the introduction of a Company Names Adjudicator. Unfortunately this new procedure now faces a delay to its implementation and brand owners may have to wait until October 2009 before being able to benefit from it.

On October 22 2007 the Australian government eased our duty of disclosure provisions.

The New Zealand government is about to bring in tax relief as a means of spurring private sector investment in research and development in New Zealand. This is likely to have the effect of encouraging innovation and investment in intellectual property.

Recent news in the Turkish media about the registration of Turkish lokum by another party in European Union and thus the prevention of commercial activities relating to lokum in the Community drew the public's attention to the protection of geographical indications (GIs).

On January 1 2008 Norway will become a member of the European Patent Organization, which will then comprise in total 33 member states and five extension states. Norway can thus be designated in EP applications filed on or after January 1 2008.

Italy has introduced a raft of new laws to comply with the EU Directive on unfair practice. Paolo Bertoni and Marco Montesano of Freshfields Bruckhaus Deringer explain how this will help the good practitioners

Italy has introduced legislation to comply with the TRIPs agreement. Donatella Prandin and Simone Verducci Galletti of Bugnion explain why the reforms will make it easier to prosecute infringers

On December 13, the first overhaul of the European Patent Convention since it was drafted in 1973, comes into force

International: The executive committee of FICPI, the International Federation of Intellectual Property Attorneys, has backed a resolution in support of their clients' right to file divisional applications when prosecuting patents. The committee also called for more measures to be taken to strengthen the patent attorney profession, including providing a legally-protected title for qualified patent attorneys and the publication of an official register of qualified attorneys.