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  • 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.
  • If there is an opposition to an application for trade mark registration, the applicant is entitled to commence the action of withdrawal of that opposition.
  • Recently, in Couture v Playdom, Inc, the US Court of Appeals for the Federal Circuit addressed for the first time whether a trade mark applicant's offering of a service, without actually providing such services, is sufficient to constitute to use of a mark in commerce.
  • The gaming company’s IP lawyer Renee Lawson tells Emma Barraclough about the move from partner to start-up, why the company listens to its lawyers, and the ups and downs of cross-border litigation
  • Pfizer has recently successfully resisted the Australian Competition Commission's attempts to shut down its patent evergreening activities in trying to leverage its atorvastatin (Lipitor) patent past its end of term.
  • In our articles of July 2014 and February 2015, we reported on a growing conflict within the EPO concerning the independence of the EPO Boards of Appeal. Although we hoped that these issues would soon be resolved, it appears that the conflict between the EPO Boards of Appeal and the EPO management is continuing.
  • 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).
  • There is lots happening in Munich this week, as member state representatives gather on Bob-van-Benthem-Platz for a meeting of the Administrative Council on Wednesday. But while much of the focus on the EPO centres on industrial relations and governance issues, there are important Unitary Patent developments taking place too
  • Zain Adnan has joined the firm’s Jakarta office as an intellectual property manager
  • Senior European Commission officials have weighed into the debate on fees for the new Unitary Patent system, saying that the concerns about the EU's competitiveness should be placed ahead of revenue considerations