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04 March 2009

News focus

WTO decision on US-China dispute over TRIPs raises global questions

04 March 2009

News focus

USPTO puts a limit to fraud

07 January 2009

Overcoming Canada's registration hurdle

Non-Canadians may obtain a registration in Canada based on a corresponding registration in the country of origin. However, such applicants should be aware that the registration in the country of origin must be accompanied by use

04 September 2008

Keeping it together

OHIM has close ties with the national offices of all member states and new IT tools will usher in even higher levels of cooperation. However, the decision to make national search fees optional and proposed cuts to OHIM’s fees have caused divisions

04 September 2008

OHIM: A year of change

This year will be remembered as an important one for OHIM. Examination times are likely to start falling significantly and the promised cut in fees seems to be on the horizon at last. Although justifiably proud of its achievements this year, the management at OHIM is well aware that more needs to be done

04 September 2008

Escaping the money trap

OHIM has amassed well in excess of €300 million in surplus funds. The problem is, it was never supposed to make any money. A cut in fees was agreed over a year ago, but progress has since been slow. WTR asked a number of interested parties for their opinions on what should be done with the excess funds

30 April 2008

A solution to the EU jurisdiction conundrum?

A recent Austrian court ruling may resolve a troubling jurisdictional issue that has perplexed commentators and CTM owners alike, helping the latter to enforce their rights against infringements in the European Union by several defendants located both inside and outside the European Union

10 March 2008

The case for Germany

Germany is the biggest and most affluent country in Europe. That makes it a vital market for companies from across the world. However, while Germany is a member of the European Union and should, therefore, follow standard EU trademark practice, there are certain nuances to the way the law is interpreted and enforced that could spell trouble for anyone failing to call upon the expertise of local counsel. And for those used to working in a common law jurisdiction, the fact that Germany is a civil law country brings other factors into play

10 March 2008

Carnival time for trademark practitioners and owners in Brazil

The Trademark Office is tackling one of the world's worst examination backlogs and practitioners are worrying about the effects that the Madrid Protocol will have on their revenue streams. Yet the Brazilian trademark market still holds promise for all its stakeholders

22 February 2008

CIRA orders transfer of 'formica.ca'

A Canadian Internet Registration Authority panel has ordered the transfer of the domain name 'formica.ca' to the owner of the FORMICA mark. Among other things, the panel found that the registrant had no legitimate interest in the 'formica.ca' domain name.

16 January 2008

Key amendment to Chinese Trademark Law coming soon

China enacted its first Trademark Law in 1982, and amended it in 1993 and 2001, respectively. The Chinese government is now mulling over amending the law for a third time. Many view the changes as essential and they are likely to have a significant impact on rights holders and practitioners alike

16 January 2008

BOIP means business in Benelux

The Benelux Office of Intellectual Property has achieved a lot in just over 10 years. In that time, it has introduced examination on absolute grounds, an opposition process and expedited procedures. However, some argue that it has gone from having one of the most liberal registration systems in Europe to one of the strictest

16 January 2008

Baltics look to keep building on success

Just over 10 years after leaving the Soviet Union, the Baltic states had created from scratch IP protection systems that were good enough to allow them into the European Union. But there is still scope for improvement

16 January 2008

Meeting the Indian challenge

For trademark owners, India can be a land of opportunity, but also one that poses major challenges. Four trademark practitioners discuss the issues

09 November 2007

The strong man at Europe’s door

The trademarks services of the Turkish Patent Institute have improved considerably over a very short period, particularly in terms of processing speed. But issues remain as to the quality of some decisions