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25 April 2006

Slovakia

25 April 2006

Romania

25 April 2006

Spain

25 April 2006

Switzerland

25 April 2006

Malaysia

25 April 2006

Uganda

25 April 2006

El Salvador

25 April 2006

Portugal

25 April 2006

Venezuela

25 April 2006

Bosnia-Herzegovina

25 April 2006

Israel

25 April 2006

Jamaica

20 April 2006

Licence can survive bankruptcy of licensor, court rules

The Federal Supreme Court has ruled that a licensee can continue to use a licensed IP right when the licensor has been declared bankrupt and the receiver wishes to terminate the licence agreement. The case demonstrates that it is possible to find contractual provisions between the licensor and the licensee that are not caught by the Insolvency Code.

13 April 2006

Fifth Circuit rules that inconclusive trademark settlement is crackers

The Fifth Circuit Court of Appeals has found that a final judgment terminating a trademark infringement action pursuant to a settlement agreement between the parties, did not necessarily prevent the defendant, a snack-food manufacturer, from later claiming non-infringement or relying on defences to infringement.

13 April 2006

Assigned rights may not include right to terminate, court rules

The Federal Court of Australia has ruled that the assignee of a trademark did not have the power to terminate a sub-licence for use of the mark. The case raises awkward questions for a licensor where the licence agreement does not confer upon the licensor a specific power to assign the benefit of the agreement without the consent of the licensee.