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The revised European Patent Convention introduced for the first time a review procedure for Boards of Appeal decisions by the Enlarged Board of Appeal. The grounds on which a review may take place are rather limited. Among other things, parties adversely affected by a decision in appeal can file a petition for review on the grounds that there was a violation of their right to be heard.

Senator Ron Wyden and Representative Darrel Issa have introduced the Online Protection and Enforcement of Digital Trade Act (OPEN) to compete with two other anti-piracy bills now working their way through Congress.

In a recently published decision of May 10 2011 (Okklusionsvorrichtung), the German Federal Court of Justice (FCJ, Bundesgerichtshof) confirmed existing case law concerning the precedence of the claim over the description in a patent.

Christian Louboutin found two allies in the past two months in its fight to protect its red-sole trade mark. Jewellery company Tiffany submitted its amicus brief to the Second Circuit Court of Appeal in October, while INTA submitted in November. Both reveal interesting aspects of the issues behind the case, and its potential impact should Louboutin fail to reverse the decision by the Southern District of New York.

Keeping pace with changing times, the Malaysian Government recently passed the Trade Descriptions Act, 2011 (TDA). The Act aims to tighten trade mark enforcement provisions by prohibiting false trade descriptions and false or misleading statements, conducts and practices in relation to goods or services, thereby protecting the interest of consumers.

IP owners will be pleased with the Court of Justice’s ruling last month on when goods suspected of infringement can be seized by Customs. The points on proving infringement are much more tricky, says James Nurton

In a recent decision in August, T923/08, a Technical Board of Appeal (TBA) had to decide on a method for measuring parameters on a human or animal body, in particular measuring the length of a femur. For this method a device is essential, which is connected to the body, for example to a hip bone, in a surgical step. As this step is completed before the measuring of the parameters, it is not part of the measuring method and thus, is not a feature of the claim. The TBA, however, counters that, as confirmed by the applicant, the measuring method would not be possible without the bone-fixed device. Therefore, according to the TBA, the surgical step is an indispensable part of the claimed method and has to be incorporated into the claim; otherwise, the claim lacks clarity and is not allowable.

Under the Mexican Trademark Law there is no obligation to use a trade mark until it is time for renewal, 10 years after the filing date of the registration. When filing the application for renewal it is only necessary to declare under oath that the mark has been used during a term of the last three years.

In October 2011, WIPO organised a workshop on the PCT in cooperation with the Directorate General of Intellectual Property Rights (DGIPR) Indonesia in Bogor, Indonesia. On the same occasion, a speaker from the DGIPR Indonesia presented on the development of the utilisation of PCT systems in Indonesia. The statistics provided by the DGIPR illustrated that the number of patent applications through the PCT route is increasing steadily in Indonesia (with the DGIPR as designated office). On the other hand, domestic applicants have not been making use of the ease and speed of the PCT system; this is proven by the small number of patent applications by domestic applicants filed through the PCT (with the DGIPR as receiving office).

One week from the initial term for submitting applications (November 2 2011), incentives from the Ministry of Economic Development are still available for small and medium-sized Italian enterprises for the filing and exploitation of IP rights.