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  • Russia's transition to a market economy has created a tangle of proprietary rights. Valeri Guerman explains some of the problems facing trade mark owners
  • There are grounds under the UK Trade Marks Act (1994, section 3(6)) for refusal or invalidity of registration where a trade mark is applied for in bad faith. The provision derives from the European Trade Marks Harmonization Directive (89/104) and has a counterpart in EU Trade Mark Regulation 40/94 (article 51(1)(b)). Bad faith is not defined and its scope has produced a divide between UK and EU case law over the need for subjective dishonesty on the part of the trade mark applicant (Trillium, First Cancellation Division of OHIM, C000053447/1, March 28 2000).
  • As patent applications soar, patent office leaders and lawmakers are considering new ways to make the process of obtaining protection more efficient. James Nurton reports from the WIPO Patent Conference in Geneva
  • One case that has cast some light on co-ownership of trade marks in Singapore is Ng Chu Chong (trading as Grand Am Fashion Enterprise) v Ng Swee Choon & Ors (Suit No 1108 of 2001/E). Here the plaintiff and his sister, the first defendant, entered into a partnership called Grand Am Fashion Enterprise (Grand Am) to manufacture and sell fashion apparel under the trademark, McBlue. The trademark was created by the first defendant for the partnership and was registered in their joint names, trading as Grand Am. Subsequently, the first defendant withdrew from the partnership due to an impending bankruptcy but continued to work for the plaintiff as an employee. The plaintiff thereafter discovered that another partnership belonging to the first defendant's sister-in-law, named GA Fashion Apparel (GA) was marketing goods bearing the McBlue trade mark. The plaintiff brought an action against the defendants for trade mark infringement and applied for permanent injunction. The first defendant argued that she was entitled as a joint proprietor to authorize GA to purchase and deal with goods bearing the McBlue trade mark.
  • A proposed merger between top-rated New York IP boutique Pennie & Edmonds and general firm Jones, Day, Reavis & Pogue has been scuppered after a partnership vote.
  • James Nurton, Brussels
  • During the past decades, the world has been observing the phenomenon of globalization. Large corporations have joined forces to multiply their profits or to avoid negative financial performance and new corporations have resulted from such joint ventures and mergers.
  • The German Trademark Act (section 8(2)) states that trade marks cannot be registered in the following situations:
  • The difference between first-to-invent and first-to-file is critical to the US and Chinese patent systems. Now that China has joined the WTO, inventors must keep proper records of invention if they want US patents, argue Jack Barufka, Bryan Collins and Catherine Sun
  • A rare glimpse into the workings of the USPTO reveals an organization rich in history and poised on the threshold of change. Sam Mamudi visits the Arlington agency and finds out what makes it tick