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The Swedish Supreme Court has recently (February 1 2006) delivered a judgment in an interesting trade mark case, which concerns how and when a registered trade mark can be cancelled for non-use, and in particular the date from which the period of non-use of a trade mark must be calculated.

On April 3 2006 the UK Patent Office took the lead in promoting alternative dispute resolution (ADR) in Intellectual Property disputes by being the first patent and trade mark office anywhere in the world to set up a formal commercial mediation service. The initiative involves the creation of a new Mediation Service Team within the Patent Office who are able to mediate IP disputes referred to them from Patent Office hearings, the Courts or the parties themselves. To raise awareness of the new service the Patent Office has issued Guidance Notes on its website and is producing a range of literature aimed at encouraging parties to consider mediation as an alternative to litigation.

The Mexican Patent Office has finally implemented internal examining guidelines that substantially mirror those of the European Patent Office for the examination of computer software-implemented inventions. The emphasis now to be placed by Mexican examiners examining computer software-implemented inventions is on the technical characteristics that have a technical effect rather than on the subject matter of the invention.

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)