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  • On January 4 2007, the Department of Agriculture (DA) issued the implementing rules and regulations of the Livestock and Poultry Feeds Act (RA 1556, amended by PD 7), governing the registration of feed establishments, animal feeds, feed ingredients, feed supplements, feed additives, base mixes, concentrates, special feed nutrient preparations and other feed products (Administrative Order No.12, Series of 2007). Some of the salient points are as follows:
  • Trade mark applicants occasionally use ploys to avoid rejections from the Patent Office. In this case, the applicant filed an application for a design trade mark including a word element. The trade mark application according to the applicant was filed for a designation which consisted of a still-life including various meat products, pepper bowl and vegetable greens arranged in an artistic manner. Below this artistic piece there was an inscription in the Russian alphabet «» (meaning Meat Row). The inscription was made in lettering which, though understandable by a Russian, was in a peculiar script which is vaguely reminiscent of old Russian writing. The first letter has the shape of an old Russian helmet which in turn perhaps emphasizes in the eyes of the applicant the long-standing traditions of the company. The second word contains a letter that was discarded in the October Revolution of 1917.
  • Filing and maintenance fees have been reintroduced on Italian patents, utility models and designs as from January 1 2007. The amounts to be paid and the applicable rules have been determined by a decree which has just been published in the Official Gazette which entered into force on April 21 2007.
  • The test for trade mark infringement, as applied by US trade mark tribunals, is whether there exists a likelihood of confusion between two marks. In determining whether a likelihood of confusion exists between two conflicting marks, a comparison is made based on the marks' sight, sound and meaning.
  • On April 1 Korea concluded historic free trade agreement (FTA) negotiations with the US. Korea has a $1 trillion economy and is the United States's seventh largest partner in trading goods, while the US is Korea's second largest market, importing 17% of Korean exports. In general, the FTA will eliminate tariffs and other restraints on trade in addition to strengthening economic ties between the two countries.
  • During a request for a declaration of partial nullity of a supplementary protection certificate (SPC), the Nullity Department of the Austrian Patent Office had to decide whether stating a wrong authorization to place a product on the market in the Community (EU/EEA) as a medicinal product would be a ground to declare partial nullity of an SPC insofar as the duration of the granted SPC extends beyond the date calculated by using the correct first marketing authorization.
  • Recent court decisions have created uncertainty for patent licensors. Marc Morley and Brenden Gingrich of Knobbe Martens Olson & Bear explain how patent owners could improve their weakened position
  • Noel Courage of Bereskin & Parr explains how to adapt claims to Canadian style to make for a shorter trip through the Patent Office
  • Ylva Skoglösa, Edward Farrington and Ulf Inger of Valea explain how applications can be drafted to avoid many of the problems that have arisen in life sciences patenting recently
  • Making sure that your valuable technology is protected when you invest in China poses plenty of problems for IP counsel. Jinchen Song and Nancy Fix of Deqi provide a guide to getting it right