Search results for

In January 2006 the ECJ handed down its judgment rejecting the opposition of the Picasso Estate (owners of the trade mark Picasso) to the registration of the mark Picaro for "vehicles and vehicle parts and omnibuses" in class 12.

The Emergency Ordinance No 100/2005 on the protection of industrial property rights has been passed in Romania, implementing the provisions of Directive 2004/48/EEC (of April 29 2004), regarding the observance of intellectual property rights.

The Supreme Court of the Philippines decided 5 intellectual property cases in 2005. In the case of NBI-Microsoft et al v Judy C Hwang et al (GR No 147043, June 21 2005), Microsoft filed a complaint for copyright infringement and unfair competition. The courts issued search warrants by virtue of which several pieces of computer-related hardware, software and accessories were seized. During the preliminary investigation, the Department of Justice (DOJ) dismissed the complaint for lack of evidence and lack of interest in prosecuting. The respondents' defence was that in filing the complaint, Microsoft's real intention was to collect unpaid royalties (some of the respondents were former Microsoft licensees). On appeal, the Supreme Court set aside the resolutions of the DOJ and ruled that the scope of copyright infringement is not merely the unauthorized "manufacturing" of intellectual works but rather the unauthorized performance of any of the acts covered by the Copyright Law.

After a four year battle with a number of New Zealand clothing companies (the opponents), the New Zealand Rugby Football Union (NZRFU) has failed in its attempt to register what it described as a "three dimensional shape being a black rugby jersey, or casual shirt made in the style of a rugby jersey, bearing a fern with a white collar" (see diagram).

The Singapore High Court recently clarified the legal position concerning shape marks.

The Malaysian Intellectual Property Office (MyIPO) has not, until now, allowed a third party to inspect and obtain copies of any documents other than the granted patent specification, unless the patent owner gives written consent. This is despite the provisions in sections 33 and 34(1) of the Patents Act, which allow any party to inspect and obtain extracts of granted patent files. The position taken by MyIPO is that any communication between the applicant and MyIPO, other than the granted specification, should remain confidential, even after grant of the patent.

Stéphanie Bodoni, London

According to a general principle of French law, in any judicial proceedings, the plaintiff has the burden of proving the facts alleged in support of his claims. Therefore, the person purporting to hold an IP right must adduce evidence of the alleged infringement. This evidence must cover five aspects:

James Nurton, London

Haier, the Qingdao-based appliance maker, certainly has ambition. While many domestic rivals focus their efforts on supplying China's 1.2 billion home-grown market and others manufacture products to be sold overseas under foreign trade marks, Haier has been rapidly building its brand in China and abroad and has set its sights on becoming one of the top three white goods companies in the world. Emma Barraclough spoke to legal affairs director Su Xiaoxi