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  • Under US trade mark law, the USPTO may invalidate a trade mark registration or refuse to register a trade mark application based on the premise that the underlying filing contains false statements. The risk of invoking this penalty typically arises when a trade mark owner signs the required declaration that the mark at issue is in use on or in connection with all of the goods and services listed in the application/registration when, in fact, the mark may be used on only some of the goods or for some of the services.
  • Patent cases often involve evidence that is considered confidential by either the patent owner or the accused infringer. For example, the evidence used to prove or disprove the quantum of damages adequate to compensate for any infringement is often confidential to the party that produced such evidence in discovery. During discovery, such information is typically protected from disclosure by a Protective Order.
  • To coordinate their actions in addressing the issue of CATV piracy in the Philippines, the National Telecommunications Commission (NTC), the government agency responsible for granting licences to install, operate and maintain radio/TV broadcast and CATV services, and the Intellectual Property Office of the Philippines (IP Philippines) entered into a Memorandum of Agreement (MOA) on June 16 2006. On April 2 2007, the Implementing Rules of the Agreement were promulgated through the Joint NTC-IP Philippines Memorandum Circular No 1 Series of 2007.
  • In Retail Systems Technology Limited v P J Mcguire, Darragh Mcguire and Kelly and Mcguire Limited [2007] IEHC13 2 February 2007, the Irish High Court reconsidered the law in relation to the assessment of damages for copyright infringement and measured copyright damages by applying the same principles used for evaluating damages in patent infringement cases. This case concerned a claim by a technology company that its copyright in an electronic point of sale software product had been infringed by the defendants. Liability was conceded and the plaintiff elected an assessment of damages, which is governed by Section 128 of the Copyright and Related Rights Act 2000.
  • The Malaysian IP scene received a boost when the Domestic Trade and Consumer Affairs Ministry unveiled plans to establish a specialized court exclusively for IP disputes. The motive was abundantly clear. There was a fundamental need for an avenue to concentrate on the escalating volume of IP issues, which were still pending at the Malaysian courts, resulting from a lack of expertise and complex procedures.
  • Interim injunctions are an effective way to protect IP rights in Turkey but they can be hard to get. By Okan Can of Deris Patents & Trademarks Agency A.S. and Deris Law Firm
  • Turkish copyright law now almost complies with the WIPO internet treaties. Ugur Aktekin of Mehmet Gün & Partners outlines the changes the law has gone through
  • Banu Barbur and Serra Coral of Deris Patents & Trademarks Agency A.S. and Deris Law Firm say that much more clarity is needed in Turkey's assessment of well-known trade marks
  • The Mexican Industrial Property Law (IPL) has a chapter dealing specifically with protecting distinctive signs, which establishes different legal structures for trade marks and slogans.
  • A recent case addressed what happens when an employer and employee dispute who owns an invention. We contrast the UK, German and Japanese approaches