Search results for

The European Commission is pushing ahead with the digital single market, despite serious concerns in the audiovisual industry. James Tobias sets out the developments so far, and what is likely to happen next

As we have previously reported, one of the EPO's chemical boards of appeal has referred the issue of entitlement to partial priority to the Enlarged Board of Appeal. The case is pending before the Enlarged Board under reference G 1/15.

When registering a trade mark in Russia, the question often arises whether it is worthwhile to register a Cyrillic version of the trade mark in addition to the Latin one. The decision is with the trade mark owner who will appreciate having enlightening knowledge of what may happen in this situation though there is no hard and fast rule to decide this or that way.

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.

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.

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.

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.

The prosecution of trade mark applications under the Madrid Protocol is increasingly common among foreign clients. However, as far as it concerns to Mexico, there are some disadvantages for Madrid users: