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In a recent decision of the appeals division of the Trade Mark Registry, the proprietor of a well known trade mark has for the first time since the introduction of the Trade Marks Act 1994 (TMA 1994) succeeded in preventing a third party from registering the same name for a completely different product.

According to Law No 84/1998 on Trade Marks and Geographical Indications, a mark of certification is a mark indicating the fact that the products or services for which it is used are certificated by the owner of the mark concerning quality, material, the way of manufacturing of products or services carried out, accuracy or other characteristics.

The Polish Parliament (Seym) continues to work on improving the system of industrial property protection. It seems the long-lasting and thorough discussions on legal solutions which are to be introduced are coming to an end. However, it does not seem possible that the new Industrial Property Law will come into force on January 1 2000, as it was suggested by the Polish government. The above date of implementation of new regulations adapted to the standards of the European Union would be highly desirable because as from January 1 2000 Poland will be fully bounded by the TRIPs provisions.

Shape trade marks are registrable in Australia by virtue of the Trade Marks Act 1995. As yet there is little case law on the subject but a recent decision of the Australian Trade Marks Office, Re Chocolaterie Guylian NV, gives an insight into considerations that will be made during examination of applications for registration of shape trade marks.

In an apparatus claim, the indication of the intended use or purpose of the apparatus generally does not restrict the scope of the claim. If the purpose involves structural features which are evident to the person skilled in the art, however, the claim has to be interpreted as including these features.

Singapore is the latest state to adapt its copyright law to improve protection for digital works.

Despite the existence of the European patent, there is little cohesion between countries when it comes to enforcing or challenging patent rights.

When two patent owners come to blows, it is often impossible to respect national boundaries.

Organizations from retailers to charities are continually looking for new ways to exploit their brands.

People, Laws and Courts