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  • Greece, together with 21 other EU countries, signed the Anti-Counterfeiting Trade Agreement (ACTA) on January 26 in a ceremony in Tokyo.
  • In a case involving a number of parties with conflicting claims to the designation Go Fast, and a rather complex factual background (too long to be summarised here), the Swiss Federal Supreme Court clarified the preconditions for claims to assignment of infringing designation rights, as an alternative to cancellation claims.
  • On November 4, the Brussels Commercial Court issued a decision regarding the Community trade mark Veuve Clicquot Ponsardin number 5069711 (figurative mark), Benelux trade mark number 746608 and CTM number 747949 (both colour marks), all for goods in class 33. The complex sign and the colour in question (Pantone 137C) are shown below.
  • The Appeal Court of Paris, in a judgment dated September 7 2011, has affirmed a decision of the Director General of INPI to refuse a request for a limitation of a European patent.
  • On February 6, the Bureau of Legal Affairs (BLA) of the Intellectual Property Office (IPOPHL) issued decision number 2012-16 in the petition docketed as IPC 11-2009-00219, cancelling patent number 1-2005-00180 issued on March 9 2009, to Raymundo Nocon III entitled System and Method for Executing and Cancelling Credit Card Transactions Using a Cellphone and the Like.
  • The Federal Law for Consumer Protection (FLCP) contains a set of generic rules for the advertising of practically all products and services. It focuses on protecting consumers' rights, whereas the Consumer Protection Bureau (PROFECO) is the governmental agency in charge of investigating and resolving matters arising under the Consumer Protection Law.
  • Recently, the Court of Justice of the EU (CJEU) decided on yet another referral on the interpretation of Regulation 1768/92 EEC, which established supplementary protection certificates (SPCs). In the specific case (C-125/10, Merck Sharp & Dohme v DPMA), the Court had to comment on SPCs with negative duration.
  • In Taiwan, an invention for an article or device may be protected by either an invention patent or a utility model patent. The term of an invention patent is 20 years, but substantive examination may take one-and-a-half to three years. Although the term of a utility model patent is 10 years, since substantive examination is not conducted, a utility model patent generally may be obtained within four to six months of filing. Therefore, some applicants employ the strategy of filing invention and utility model patent applications for the same invention on the same day.
  • Last week Hermès became the latest foreign brand owner to fail to prevent a rival from using a trade mark similar to its own. But could an opinion from China’s Supreme Court help companies in similar situation?
  • One method typically employed by brand owners to develop brand awareness is the consistent use of a particular colour for its products or packaging. The goal is for consumers to see a product or packaging in that colour and immediately make the connection with a particular source. The use of the colour on a product or its packaging can, in turn, come to signify a specific brand.