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In Celaya Emparanza y Galdos Internacional SA v Proyectos Integrales de Balizamiento SL (Case C- 488/10), a reference for a preliminary ruling by a Spanish
court, the Court of Justice of the European Union (ECJ) has
clarified the scope and effect of Article 19(1) of the Community
Design Regulation (6/2002) in
court proceedings brought by the
holder of a registered
Community design (RCD) against
the holder of a later RCD.
The Canadian Intellectual Property Office (CIPO) has
announced that it is now accepting applications to register sound marks. With a consultation period on the country’s Trademark Regulations ending on April 23, there could soon be further changes to the treatment of non-traditional marks.
With a number of EU countries reviewing their position on the Anti-counterfeiting Trade Agreement (ACTA), the act is to be referred to the ECJ to assess whether it is compatible with the European Union’s fundamental rights and freedoms.
The US Department of Commerce has issued a report
identifying the sectors that generate intellectual property
and the impact of those sectors on the US economy. At a time when the debate over IP rights rages on, the study sheds light on the contribution of intellectual property to economic performance – with trademarks playing a central role.
In Helena Rubinstein SNC v OHIM (Case C-100/11 P),
Advocate General Mengozzi has confirmed the General Court’s finding that the marks BOTOLIST and BOTOCYL would take advantage of the distinctiveness and reputation
of the earlier BOTOX marks.
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