IAM Strategy 300 2014
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Legal updates

19 Sep 2014

Pharmaceutical products in Class 5 held to be similar to surgical devices in Class 10

European Union - In Micrus Endovascular v OHIM, the General Court has upheld a decision of the Second Board of Appeal of OHIM finding that there was a likelihood of confusion between the mark DELTA PORTUGAL for pharmaceutical products in Class 5 and the mark DELTA for surgical devices in Class 10. Among other things, the court held that both classes of goods could be purchased through a “common central purchasing department” in hospitals. Read update

19 Sep 2014

Amendments to Trademark Act take effect

South Korea - Amendments to the Korean Trademark Act, which apply to marks filed from June 11 2014, have introduced important changes. Among other things, it is now easier to prove that a mark has acquired secondary meaning, and the registration of a mark that may dilute the distinctiveness and/or reputation of a famous mark is not permitted. Read update

19 Sep 2014

ICANN strengthens GAC advice

International - ICANN has published a proposed amendment to its bylaws that can be interpreted as giving the world's governments a stronger voice in matters concerning ICANN's actions, such as the introduction of new gTLDs. This proposed change will make it harder for the ICANN Board to reject advice from its Government Advisory Committee. Read update

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

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