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This is an action (IPV 10-2009-00007) for design patent infringement and unfair competition filed by Kawasaki Heavy Industries and Kawasaki Motors (Phils) Corp against Eastworld Motor Industries Corp. In April 2008, Kawasaki released its Fury 125 motorcycle, which bore its registered industrial designs (ID 3-2008-00715 and 3-2008-00718). Kawasaki later learned that Eastworld had manufactured and was selling motorcycles branded as Sapphire 125, which Kawasaki claimed bore and incorporated nearly all of Kawasaki's registered patent elements. Eastworld, on its part, alleged that contrary to Kawasaki's claims, the industrial design for Sapphire 125 is covered by the certificate of registration number 3-2009-000062 under its name, and that Kawasaki failed to file an adverse information to its design application when it was published. Thus, there can be no infringement for using and selling its own patented products.

In Dutch court practice, an appeal is of a devolutive nature, that is in appeal the case is reconsidered as a whole. However, in a recent interlocutory decision (November 3 2015, High Point v KPN), the Appeal Court in The Hague found that the patentee was not entitled to further limit his claims.

Brand owners often wish to seek cancellation of another party's registered trade mark for a range of legitimate reasons, such as unauthorised registration of the mark by a dealer or registration of a copycat mark by a third party. These issues can cause impediments to business and should be addressed without delay.

In September, in Adidas AG v Christian Fellowship Church, the Trademark Trial and Appeal Board (TTAB) issued a non-precedential, but potentially instructive, opinion in which it sustained a petition for cancellation on the grounds of non-use. The case analysed whether sales of only a small number of goods by Christian Fellowship Church constituted "use in commerce" under the Trademark Act.

Would you recognize the commercial origin of the illustrated chocolate bar? In 2010 Nestlé filed a trade mark application for this 3D sign but only in the United Kingdom. Its protection under trad mark law has been an obstacle course for its manufacturer ever since.

In a major step towards realising the Unified Patent Court (UPC), the UK Intellectual Property Office has secured premises for the London section of the central division and the UK local division of the UPC.

On February 8 2012, the Norwegian Department of Justice proposed new legislation regarding the establishment of pledges in IP rights. The bill was introduced by the government in the form of a proposition a year later (Prop 101 L (2013–2014), and sanctioned on January 1 2015, the sanction process taking a lot longer than most IP practitioners had expected.

The Indonesian Domain Name Registry (PANDI) recently established a dispute settlement forum for the country code top-level domain (ccTLD) .id. The forum is called Penyelesaian Perselisihan Nama Domain or Domain Name Dispute Resolution Forum (PPND). The purpose of PPND is to provide an alternative to District Court civil claims for dispute settlement related to the .id ccTLD.

The Kornspitz was invented by the company Backaldrin as a new bakery product several decades ago together with the creation of the German-coined name, since then protected as trade mark in Austria. The name consists of the word "Korn", meaning "grain", referring to the dark dough made out of grain and "spitz", meaning "pointed", referring to the two pointed ends of the elongated and rolled bakery product. It has become one of the most popular bakery products in Austria which everyone knows under the name "Kornspitz", sold every day, although sometimes other designations are used.

BRG Brilliant Rubber Goods (M) Sdn Bhd v Santa Barbara Polo & Racquet Club Management Inc; Pendaftar Cap Dagangan,Malaysia (Interested Party) And Another Case [2015] 4 CLJ, concerned an appeal against the Registrar's decision to dismiss the plaintiff's objections to the defendant's trade marks.