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The Patent Amendment Act 2005 brought about a significant inclusion to the then existent prosecution scheme by introducing the scheme of post-grant opposition. The legislation provides that a post-grant opposition as under Section 25(2) of the Patents Act 1970 may be filed within one year of the grant of the patent on the same grounds governing pre-grant oppositions as prescribed under Section 25(1). However, one of the vital differences between the two provisions rests in the locus standi of the person moving to oppose the grant of a patent: a pre-grant opposition being allowable from "any person", while only any "person interested" being entitled to file post-grant opposition.

The French Federation of Perfumery Industries started opposition proceedings against a Greek trade mark application for perfumery goods in international class 3 containing the applicant's first name along with the term "de Paris" on the basis that said sign is deceptive as to the origin of goods concerned. The applicant contested the opposition on the grounds that the term "de Paris" indicates her connection with Paris, France, not the origin of the goods covered by the Greek trade mark application at issue.

On April 21 2010, the Supreme People's Court issued the Opinion on Several Issues Regarding Administrative Adjudication of Trade Mark Grant and Confirmation. The Opinion is based on the experience of the court in administrative actions brought against the TRAB in trade mark application, opposition or invalidation cases.

As reported in Managing IP, the EPO Enlarged Board has rejected the president's software patent referral in opinion G 3/08 of May 12 2010, because the case law recited in the referral is not diverging. In order to arrive at this conclusion, the Enlarged Board provides a comprehensive analysis of EPO case law in relation to the questions raised in the referral.

You've just discovered the joys of roller derby. So, what are the chances of registering a track name such as Cindy Lop-Her? Not so good if the examiner considers that such matter may falsely suggest a connection with any living individual.

Where an inventor wishes to file as many patent applications as different countries in which he tries to protect an invention, the inventor has to deal with a complex filing process involving diverse problems and difficulties.

Two years ago, in July 2008 the EU Commission adopted an Industrial Property Rights Strategy for Europe. It was endorsed by the European Council in September 2008. In its resolution, the Council invited the Commission to take affirmative action and deliver key measures, one of which was the creation of a European Observatory on Counterfeiting and Piracy.

Korean companies have traditionally been defendants in cases before the US International Trade Commission. Now they are likely to be plaintiffs. Alexander Koff considers whether Chinese businesses can make the same transition

IP owners often cooperate with business rivals to make their shared battle against fakes more effective. But staying on the right side of competition rules is vital. David Latham, Suzanne Rab and Laura Whiting provide a guide to getting the balance right

A recent ruling by the EPO on the patentability of software has done little to close the gap between EPO and UK interpretations of the law. Gwilym Roberts and Gareth Fennell explain where that leaves would-be applicants