Search results for

Section IV of article 90 of the Mexican Law of Industrial Property (IPL) establishes an absolute ground for refusal based on the descriptiveness of the mark. This provision prohibits the registration of descriptive names, figures and three-dimensional forms. However, it also contains an exception in that all the elements and characteristics of the mark should be "considered as a whole".

In a recent High Court case (Unilever plc v Controller of Patents, Designs and Trade Marks and Sunrider Corporation [2006] IEHC 427), Unilever successfully appealed against the decision of the Irish Controller of Patents, Designs and Trade Marks who had dismissed its opposition to the registration of the trade mark SunSmile by Sunrider. Irish law states that a trade mark cannot be registered in circumstances where it is likely to deceive or cause confusion. In his High Court judgment, Mr Justice Smyth examined the degree of similarity and the potential for confusion between the words "Sun" and "SunSmile" in respect of detergents and goods for personal hygiene.

Record numbers of trade mark and patent applications were filed in China in 2006, reflecting the growing awareness of IP in the country. But the growth is also putting increasing pressure on the agencies that administer IP rights, say Xuemin Chen and Xiaoguang Yang of Zhongzi Law Office

Chinese and foreign companies are filing patent applications at the State Intellectual Property Office at a phenomenal rate. At the same time, a small but growing number of Chinese applicants are trying to protect their IP rights overseas. Emma Barraclough and Peter Ollier consider the trends behind the statistics

The OECD is to release a report into the economic effects of counterfeiting and piracy later this year. Among other things, it is expected to reveal that almost 60% of seizures of counterfeits by Customs authorities around the world originated from only five countries – Thailand, Hong Kong, Korea, Malaysia and China.

Ankit Prakash of Anand and Anand in New Delhi looks at the evolution of brand management and considers the impact it has had on business in India. He also reviews recent cases where trade mark rights have been upheld

If you have a famous mark, you need to take steps to stop it becoming generic. Delphine Kaufmann of Novagraaf France reviews recent cases in France and the EU in this area and provides some tips for brand owners

IP protection in Chile has been overhauled over the past two years, in accord with international agreements. Marcos Morales of Silva & Cia explains that the result is stronger protection for IP owners

A swift glance at national trade mark decisions in Europe in the past year shows no real pattern, as local legal culture peeps out from under the blanket of harmonization, argues Jeremy Phillips

James Nurton, London