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  • In 2005 the Mexican Congress passed amendments to the Law of Industrial Property (LIP) concerning trade mark notoriety. With this reform, IMPI recognizes two different levels of trade mark protection.
  • In September 2007 the Court of First Instance of the European Union (CFI) annulled the decision of the Board of Appeal of OHIM with which the registrability of the word mark Grana Biraghi for various types of cheese had been confirmed. According to the Board, the existence of the Grana Padano protected denomination of origin, provided by the Community Regulation, could not obstruct the registration of the Grana Biraghi mark, as the term Grana was considered generic and descriptive of a particular quality of a product.
  • It is imperative for the plaintiff to prove that the process of manufacture adopted by the defendant or that such imitation amounts to infringement. This duty rests on the plaintiff, so as to establish the infringement suit prima facie. Undoubtedly, the question of infringement of a patent is a mixed question of law and fact. In this scenario the ruling of the Madras High Court in FDC Limited & Ors v Sanjeev Khandelwal & Ors 2007 (35) PTC 436 (Mad), that ex parte injunctions be granted only after an effective judicial scrutiny of both oral as well as documentary evidence, becomes of paramount importance.
  • Owing to international and national needs the Finnish Act on Utility Model Rights is under revision. The new act is expected to enter into force early in 2008.
  • The much awaited Anti-Monopoly Law of China was promulgated on August 31 2007. It will come into effect on August 1 2008.
  • October 1 2007 heralded the coming into force of amendments to sections 39, 41(1) and 42(1) of the Trade-marks Regulations. Simultaneously, a new Opposition Board Practice Notice came into effect.
  • A majority of the Full Federal Court recently extended the boundaries of contributory infringement in Australia.
  • A monthly column devoted to IP curiosities and controversies, named in honour of John of Utynam - who received the world's first recorded patent in 1449
  • Angola (AO) became the 138th PCT contracting state on September 27 2007. The PCT will enter into force for Angola on December 27 2007 and the country may be designated in PCT international applications from this date. However, the law in Angola has not yet been amended to recognize the PCT and if national phase applications are filed, it is uncertain whether or not any enforceable rights will be granted. While Angola is not a member of the Paris Union, the Angolan authorities have indicated the priority of an earlier foreign application may be claimed within 12 months of the filing of that earlier application. Until the law has been amended to provide for PCT national phase applications, it is recommended that national patent applications be filed within the 12-month priority period.
  • Australian universities and research institutes have a great deal to offer businesses - as long as their lawyers negotiate the right kind of deal. Peter Hallett and John Golding of Watermark provide a guide