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  • Licences constitute the most common contractual negotiations (at a local, regional and international level) entered into by trade mark owners and involve a contractual mechanism by means of which the owner of a trade mark (licensor) acts jointly with other entrepreneurs (licensees) with the aim of extending the production and distribution of products or services identified with the corresponding trade mark.
  • The industrial Property Act 2014 came into effect on March 1 2015.
  • The Swiss company Capri Sun owns an International registration (number 677879), also designating Benelux for a 3D mark representing a silver reflecting pouch meant as a container for liquid, such as fruit drinks, also known under the trade mark Capri-Sun (marketed as pictured).
  • The US Supreme Court has rejected the argument that a good faith belief in a patent’s invalidity is a defence against liability for inducement to infringe
  • In a first for Australia, a copyright owner has been successful in forcing an internet service provider (ISP) to hand over the contact details of internet account holders of about 4,700 IP addresses that have been identified as having been used to download pirate versions of the movie 'Dallas Buyers Club'.
  • A monthly column devoted to IP curiosities and controversies, named in honour of John of Utynam
  • McDonald's opposed the trade mark McBerg for clothing et al in class 25, for services for education, entertainment et al in class 41 and for providing food and drinks, provision of accommodation in class 43. Likewise it opposed four other trade marks McMountain, McTyrol, McTirol (figurative) and McTirol (word) registered for the same goods and services. The opposition was based on several registered trade marks namely Mc (figurative), Ronald McDonald, McDonald's, Ronald McDonald Playland, McBurger, MacSki (figurative) and McKids. The first five trade marks are registered in classes 41 and 42 (among others), the last one only in class 25.
  • How can our IP department work more effectively with engineers in the company to encourage them to submit more invention disclosures?
  • China's State Administrations for Industry and Commerce (SAIC) released the long-awaited Rules on the Prohibition of Abuse of Intellectual Property Rights for the Purpose of Eliminating or Restricting Competition on April 7 2015, which will become effective as of August 1 2015. The IPR Abuse Rules deal with manifold issues such as the determination of patent holder's market dominance, compulsory licensing, standard essential patents (SEPs) and safe harbour in horizontal and vertical agreements settings.
  • The PRC Trade Mark Office (TMO) has recently adopted important changes in the handling of non-standard descriptions of goods and services that require a fresh review of how applicants respond to objections. The changes also warrant a re-think in how applicants draft local specifications and perhaps also for priority filings made elsewhere.