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The Malaysian High Court recently decided in the case of Syarikat Duasama Sdn Bhd v Chevron Malaysia Limited that the concept of landlord liability may not be recognised to confer liability on owners of premises where infringing activities are said to have taken place.

In a recent decision (first instance patent court, The Hague, March 4 2015: Occlutech Int AB v AGA Medical Corp) the court explained the rules for presenting evidence of public prior use before the Dutch court in nullity arguments.

On January 20 2015, a Memorandum of Understanding (MoU) was signed between the Intellectual Property Office of Singapore (IPOS) and Cambodia's Ministry of Industry and Handicraft (MIH). Under the terms of the agreement, applicants can soon enjoy ease of application for patents and industrial designs in Cambodia and Singapore by filing in either country.

Vietnam's IP Law is fairly liberal on the rights to register marks. Under the law, any organisation or individual has the right to register marks to be used for goods they produce or services they provide. In practice, except for collective marks or certification marks, which are strictly regulated, anyone (legal entities or individuals) can apply for a trade mark or a service mark for any kind of goods or services, as the trade mark office does not request any documents showing their legal status or intent to use at the time of filing. While this helps to simplify the process for trade mark registration, the ease of filing marks also results in trade mark squatting.

The Madrid Protocol is now in effect in the OAPI member states and Zimbabwe. But, says Wayne Meiring, that does not necessarily mean that international registrations will be valid and enforceable

The basis of this case (OGH 4 Ob 98/14m "Feeling") was that as a defence against the assertion of an infringement of the Community trade mark Feeling in Austria, a counter-action for revocation because of non-use and for invalidity because of a bad faith application was lodged. But before that an action for invalidity has been filed before OHIM by a third party on the basis of earlier national rights.

Design protection is not always the best back-up plan when there is no other apparent means of protection. The General Court of the European Union taught us this lesson once again in September 2014 (3rd Chamber, Case T-494/12).

The Swiss Federal Patent Court recently had the opportunity to give additional thoughts to the question of good faith of a patent infringer. The Swiss Civil Code states that the presumption of acting in good faith cannot be invoked if a person has failed to exercise the diligence required by the circumstances.

In accordance with Article 2.11 (1) (c) of the Benelux Treaty for Intellectual Property, the Benelux Bureau of Intellectual Property (BOIP) can refuse to register a sign if it can serve to indicate a place of origin.

Understanding the “average consumer” is the key to resolving many questions related to trade mark law. But who is he or she?