2014 IP CompuMark
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Legal updates

18 Sep 2014

Specialised IP courts are established

China - The National People’s Congress Standing Committee has passed legislation establishing specialised IP courts in Beijing, Shanghai and Guangzhou. The establishment of IP courts is expected to improve the consistency of IP judgments, which will address increasing concerns about contradictory judgments made by different Chinese courts. Read update

18 Sep 2014

Foreign companies may rely on unfair competition law to recover marks registered by third parties

Japan - In a landmark decision, the Tokyo District Court has accepted a foreign company’s claim that, although it had not yet entered the Japanese market, unfair competition law precluded the defendant from registering and using the plaintiff's marks in Japan. The case will be of interest to overseas companies seeking to enter the Japanese market, particularly if third parties have registered their trademarks in the country. Read update

18 Sep 2014

Error in applicant's name found not to invalidate notice of opposition

Israel - In opposition proceedings against the registration of The Procter & Gamble Company’s mark ACTIPEARLS, the adjudicator has considered whether an error in the captioned name of the applicant had the effect of invalidating the notice of opposition. The adjudicator found that the error was merely a technical one that could be corrected, and rejected the applicant’s claim that the correction had prejudiced it. Read update

17 Sep 2014

AB InBev acquires Czech brewery, but loses Portuguese legal battle over Budweiser brand

International - The Lisbon Appeals Court has upheld an earlier ruling preventing US brewery AB InBev from selling its beer in Portugal under the Budweiser name, finding that AB InBev’s BUDWEISER trademarks could be mistaken for those of Czech state-owned brewery Budejovicky Budvar. On a similar note, AB InBev has acquired Czech brewery Pivovar Samson, which is based in the same Czech town as Budejovicky Budvar. Read update

17 Sep 2014

Supreme Court rules on trademark use following end of cooperation

Denmark - The Supreme Court has held that the use and registration of the trademarks SOX INSTITUTE and EUROSOX INSTITUTE after the termination of the cooperation between the Sarbanes-Oxley Institute and the plaintiff, which provides consulting services on the implementation of the SOX and EuroSOX legislation, did not violate the institute's trademarks. Read update

17 Sep 2014

Increase in official fees for trademark applications and expedited examination

India - With effect from August 1 2014, official fees have increased as follows: the fee for filing a trademark application has increased from Rs3,500 to Rs4,000, while the fee for requesting expedited examination has increased from Rs12,500 to Rs20,000. Although the increase relating to expedited examination is unlikely to affect most applicants, the increase in the trademark application fee may affect small entities and individual applicants. Read update

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