Legal updates

20 Oct 2017

When rigid legal interpretation overrides common sense

Bolivia - Until recently, the trademark office’s examination of use accepted all evidentiary means that would reasonably show and contextualise a showing of actual use. However, the trademark office’s interpretation of Article 167 of Decision 486 has become so formalistic and stringent that it now almost exclusively admits only sales receipts from the territory as evidence of use, giving little value to or refusing other types of document. Read update

20 Oct 2017

No bad faith at renewal

International - In a recent decision under the Uniform Domain Name Dispute Resolution Policy, a World Intellectual Property Organisation panel denied the transfer of a domain name on the basis that there was no bad faith, and refused to depart from the general rule that bad faith must be found at the time of registration, not at the time of renewal. Read update

19 Oct 2017

Lesotho requires declarations of intention to use

Lesotho - Lesotho has notified the World Intellectual Property Organisation that it now requires a declaration of intention to use when it is designated in an international application or subsequently designated in an international registration in terms of the Madrid Protocol. This is despite the fact that such declarations are not required when national applications are filed. Read update

19 Oct 2017

BOSWELAN revoked for lack of genuine use and non-use

European Union - In Viridis Pharmaceutical Ltd v EU Intellectual Property Office (EUIPO) the EU General Court upheld a decision by the EUIPO Board of Appeal which revoked the BOSWELAN word mark on the grounds that it had not been put to genuine use for a continuous period of five years. Read update

18 Oct 2017

German Federal Court rules on Google’s Image Search

Germany - The Federal Court of Justice has handed down a judgment of utmost importance for the exploitation of copyright on the Internet. The decision, which will become known and referred to under the name Thumbnail III, examined whether the display of preview images in search results constituted an act of making available a copyright work in the sense of the copyright law. Read update

18 Oct 2017

New Thailand Customs Act

Thailand - The new Thailand Customs Act, which was published in the Government Gazette, will come into force on November 13 2017. The act will replace the current Customs Act BE 2469 (1926) and its subsequent amendments. Read update


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Issue 69