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Knowledge economy here to stay

Netherlands01-12-2010Michiel Rijsdijk

Traditionally, the Netherlands has an excellent reputation for its knowledge economy.

Of models and makes

Norway01-12-2010Steiner Lie

In 1999, the Norwegian Intellectual Property Office’s (NIPO) Appeal Board refused the mark L400 for class 12 goods (vehicles) in a decision that was initially ignored by NIPO legal advisors.

The judiciary in action at last

Peru01-12-2010Alain C. Delion

The Peruvian judiciary provided a pleasant surprise recently, with its view of an appeal against a Peruvian Patent and Trademark Office (INDECOPI) resolution rejecting a trademark opposition case.

Courts reject holistic approach

Philippines01-12-2010Eunice Hyacinth L. Tan

In determining whether a likelihood of confusion exists between competing trademarks, the Philippine Supreme Court relies on two principal tests: the dominancy test and the holistic test.

Single words: protected as trademarks or copyrights

Poland01-12-2010Monika Wieczorkowska

Under Polish Copyright Law, a work is subject to copyright if it is an expression of creative activity, meaning it is original or has individual character.

Breathing life into expired patents

South Africa01-12-2010Jaco Theunissen

Judge Southwood, sitting as the Commissioner of the Court of Patents, recently handed down judgment in Audiosport International v. The Registrar of Patents, Soundsure CC and the South African Rugby Union.

Update on PCT applications in Thailand

Thailand01-12-2010Kowit Somwaiya and Prasantaya Bantadtan

Thailand acceded to the Patent Cooperation Treaty on September 24, 2009, as the 142nd contracting party, effective from December 24, 2009.

Trademark frustrations in Turkey

Turkey01-12-2010Isik Ozdogan and Ezgi Baklaci

The acceptability of consent letters, co-existence agreements and sister company arrangements are often explored by the applicants whose trademarks are provisionally refused based on a prior registration in Turkey.

Indirect infringement of patents

01-12-2010Sebastian Moore and Daniel Pearce

Until now, there was little guidance from the UK courts on the scope of indirect (or contributory) patent infringement under section 60(2) of the Patents Act, 1977 (PA77).

Avoid false patent marking pitfalls

01-12-2010Paul J. Sutton

False patent marking has become an increasingly popular ‘bounty hunting’ basis for US litigation. The targets of such false lawsuits face huge legal fees and potentially huge monetary judgments.

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