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  • It is often asked whether it is necessary to register a trade mark in Cyrillic and Latin characters to avoid cancellation due to non-use in Russia. It is not without reason that usually a patent attorney recommends registration of both versions of the trade mark. However, it is possible sometimes to prove the use of a trade mark in Latin even though only its equivalent in Cyrillic is used.
  • Danone's spat with joint venture partner Wahaha has highlighted the risks of investing in China. Peter Ollier examines what went wrong
  • Yamaha Motors has won the highest damages ever awarded to a foreign company for trade mark infringement in China
  • The value of fake goods traded internationally could be as high as $200 billion according to a preliminary report published by the OECD on June 4
  • A recent case highlights the difference in approach between the English courts and the European Patent Office (EPO) to second medical use claims, and raises the question as to whether English practice is compatible with that in the EPO.
  • The Kaohsiung District Court of Taiwan rendered a final decision in April 2007 in a dispute between the World Trade Centers Association, Inc (WTCA) and Kaohsiung World Trade Center Co Ltd (KWTC), a local company. In the case, KWTC's use of the term World Trade Center and its Chinese equivalent as part of its company name was held by the Court to be a deceptive or obviously unfair action that would affect trade order, and was therefore in violation of Article 24 of the Fair Trade Act. The Court said that, although the trade mark registration owned by WTCA in Taiwan is the Chinese equivalent for Taipei World Trade Center, the three words World Trade Center contained in the mark are sufficiently distinctive to be a source identifier. The Court further indicated that, while KWTC's use of World Trade Center as part of its company name does not constitute trade mark infringement, such use would mislead the public into thinking that KWTC is affiliated with WTCA and would therefore engender marketplace confusion. KWTC was accordingly ordered to stop using World Trade Center and its Chinese equivalent as part of its company name and to change its Chinese company name registered with the authorities.
  • The Trade Marks (Amendment) Act 2007 (TMA) was passed on January 22 2007. The TMA, Trade Marks (Amendment) Rules 2007 (TMR) and Trade Marks (International Registration) (Amendment) Rules 2007 has taken effect on July 2 2007. Highlights of the amendments are summarized below.
  • 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
  • Dang Thi Hong Nga and Dang Viet Cuong of D&N International say that IP rights holders have an opportunity to help shape enforcement in Vietnam
  • Australia's highest court rewrote the rules on inventive step in a decision in May. Bill Bennett explains what the ruling means for patent applicants