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  • Emma Barraclough, Hong Kong
  • A recent decision of the UK High Court has confirmed that Trade Marks Registry oppositions can create estoppel in subsequent High Court infringement proceedings.
  • The Singapore Court of Appeal recently overruled a High Court decision upholding the registration of the trade mark NIKE, which had been registered by a Spanish company, Campomar.
  • According to the Romanian provisions, a trade mark registration can be cancelled if, within a continuous period of five years, the mark has not been put to genuine use on the Romanian territory in connection with the goods or services in respect of which it is registered, and there are no proper reasons for non-use. Not using the trade mark for an uninterrupted five-year period implies that the trade mark is no longer capable of fulfilling one of its basic functions: to differentiate the goods and services of a natural or legal person from those of other natural or legal persons. Thanks to the non-use, the trade mark does not allow the consumers to easily and quickly choose a verified product, which earned a reputation, the competition function no longer being fulfilled.
  • Italy has ratified Directive 98/44/EC on the protection of biotechnological inventions, aimed at harmonizing the laws of the member states to promote investment in the field of biotechnology and avoid barriers to trade.
  • The Measures on Protection of IPR at Exhibitions (the Measures) were jointly promulgated by the Ministry of Commerce (MOC), State Administration of Industry & Commerce (SAIC), State Copyright Bureau (SCB) and the State Intellectual Property Office (SIPO) (collectively the IP authorities) on January 10 2006. They took effect on March 1 2006. By strengthening protection of IP, China hopes to promote the healthy development of the exhibition industry.
  • Sex, drugs and religion are just some of the subjects that can prompt refusal of trade mark applications on the grounds that they are against public policy or morality. MIP correspondents consider what is banned in different countries, and look at recent cases where the boundaries have been tested (note: some references may cause offence)
  • Jeremy Phillips reviews important trade mark cases from Europe's national courts in the last full year before the implementation of the EU Enforcement Directive - which promises to harmonize protection across the single market
  • US: The USPTO has published its list of the top 10 universities receiving the most patents in 2005 (see table).
  • James Nurton, London