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On April 7 2010, the Court of Appeal of Kuala Lumpur, in delivering its judgment in Taiping Poly (M) Sdn Bhd v Wong Fook Toh & ORS CA (2010 6CLJ 51), drew a distinction between the net loss of profits and the loss of sales, as a result of an infringement and passing off of a trademark.

Japanese patent applications should be exceptionally careful in describing the claim of the patent, as courts favor an objective determination of disputes concerning the matters set out in the application. Underscoring this is a recent judgment of the Osaka District Court, which ruled against the holder of a brand-name pharmaceutical patent and in favour of a generic company due to the former's carelessness in determining the claim.

The long-awaited amendment to the Italian Industrial Property Code (IPC) was finally enacted on September 2 2010, by means of legislative decree 131/2010.

Generally slogans are considered marketing tools rather than indications of the origin of a good or service, so registering them as trademarks is difficult, and not just in Israel. However, many companies invest considerable resources in developing slogans for branding, and wish to prevent others from using them.

In a recent judgment, the Court of Justice of the EU was called upon to interpret Article 9 of the European Directive 98/44/EC (Biotech Directive) in respect to the scope of protection of a patent on a product containing genetic information (Judgment of July 6 2010; case C-428/08; Monsanto v Cefetra et al).

Although plant variety protection is available on the Community level in Europe by Regulation 2100/94/EC, member states continue to have national legislation in place which is not uniform. In view of IP strategy for plant commercialisation within Europe, it could thus be worthwhile for applicants to figure out the most suitable regime.

Databases have acquired – in the digital era – paramount importance for commercial activities, since they gather information that can be used, for example, to design marketing programmes (databases containing information about potential clients) or reducing risks when granting credits (databases containing the credit history of a person).

Carmela Rotundo Zocco of Metroconsult explains how the decision to introduce a trade mark opposition procedure in Italy will affect applicants and third parties

Since last year's Americas IP Focus went to press, the law has evolved rapidly. Perhaps most internationally relevant was the US Supreme Court's June decision in Bilski v Kappos, which changed the criteria for determining patent eligible subject matter in the US and reinforced the country's commitment to allowing patents on business methods and software. It will be years before the true impact of that decision is known – as the lower courts and the USPTO attempt to define what constitutes an abstract idea and how much weight the machine-or-transformation test should still hold.

The Indian Trade Marks Rules 2002 were recently amended to adopt the Ninth Edition of Nice Classification, in order to align the trade mark laws in India with the international system. Additional service classes, namely classes 43-45, have been added. The applicants are requested to bring their existing applications in compliance with the new classification. All new applications for classes 43-45 with effect from July 1 2010 will be accepted by the Trade Mark Office in accordance with the new specification of services.