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22 January 2003

Commission recognizes unfair trade practice in parallel import case

The Korean Trade Commission has ruled that the importation and sale of genuine computer games infringed the rights of an exclusive trademark licensee under the new Unfair Trade Practices Act. The decision provides guidance for future parallel import cases in Korea, particularly those involving commission proceedings.

15 January 2003

McCain makes a healthy choice

In ConAgra Inc v McCain Foods (Aust) Pty Ltd, the New Zealand Court of Appeal has ruled that the capacity for a trademark to distinguish the goods of one party from those of another must be present at the time of application, even if registration is sought in Part B of the Trademarks Register.

14 January 2003

Tea Board plans Darjeeling protection

As the first step towards developing a system to protect the Darjeeling region as a geographical indication, the Tea Board of India has applied in various jurisdictions to register a certification trademark, as well as a logo comprising the word 'Darjeeling' and the representation of an Indian woman holding tea leaves.

13 December 2002

Supreme People's Court interprets rules on trademark reviews

The Supreme People's Court has issued interpretations of the new Rules for Trademark Review and Adjudication, which came into force on October 15. Among other things, the court stated that an exclusive, registered licensee may commence infringement proceedings without having to consult the trademark owner.

11 December 2002

Enforcing US trademark rights still difficult despite bilateral treaty

Vietnam has implemented the trademark-related provisions of the US-Vietnam trade agreement. As a result, it accords to US nationals treatment no less favourable than it accords to its own nationals with regard to the acquisition, protection and enforcement of trademark rights. Nevertheless, US trademark owners may still find it difficult to enforce marks in Vietnam.

09 December 2002

Matsushita wages war on its shadow

The owner of the PANASONIC trademark has launched an extensive anti-counterfeiting campaign involving numerous raids against 15 parties in the PRC. A 'shadow' company, incorporated in Hong Kong, had adopted the famous mark as part of its company name and then began manufacturing and selling infringing goods.

05 December 2002

New rules on trademark reviews implemented

The PRC government has issued new Rules for Trademark Review and Adjudication. The 107 rules comprehensively cover the practice and procedure to be followed in contentious trademark reviews before the Trademark Review and Adjudication Board.

03 December 2002

Dr Reddy's Laboratories continues efforts to protect OMEZ

The Delhi High Court has granted Dr Reddy's Laboratories (DRL) a temporary injunction restraining Sun Generics from manufacturing and marketing pharmaceutical products bearing the trademark OMZ 20. DRL argued that the mark is confusingly similar to its 11-year-old OMEZ mark.

03 December 2002

Oarsome Foursome sneak another victory

In Simply Oarsome Pty Ltd v Oarsome Foursome Pty Ltd, the Australian Trademarks Office has allowed Oarsome Foursome's application for registration of the trademark OARSOME FOURSOME, on the proviso that the application is amended to exclude association with rowing equipment and apparel.

02 December 2002

Long-awaited Trademark Law Implementing Regulations come into force

The PRC Trademark Law was last amended in October 2001. One year later, long-awaited implementing regulations have come into force, bringing the Trademark Law into line with TRIPs.

26 November 2002

Hong Kong introduces new Trademarks Ordinance

A new Trademarks Ordinance will modernize Hong Kong's trademark law in accordance with the latest international trends. The ordinance will offer enhanced protection to trademark owners and is expected to come into force in January 2003.

22 November 2002

Monks prepare to fight for temple mark

The Shaolin Temple in Henan Province has set up a company to try and protect its SHAOLIN TEMPLE trademark in China as well as abroad. Many of the disputes are with former monks of the temple who have been using the trademark to market their on-the-road kung fu shows.

21 November 2002

3M and Cadbury appeal colour mark decisions

Despite the Trademarks Act's single test for registration of words, logos, colours and shapes as trademarks, the decisions made in relation to 3M's canary yellow and Cadbury's purple applications reflect the Trademarks Office's practice of treating colours and shapes as special cases. However, with the Kenman decision refuting this practice, appeals by 3M and Cadbury are eagerly awaited.

19 November 2002

Yakult likely to prevail in Hong Kong but not in China

In a case involving Japanese yogurt manufacturer Yakult Honsha and Chinese manufacturer Yakudo Group, Hong Kong's High Court has issued a temporary injunction preventing Yakudo from producing or marketing lactic drinks in Hong Kong using YANG-LE-DUO, the Chinese equivalent of the trademark YAKULT.

14 November 2002

Anheuser-Busch wins Budweiser dispute on appeal

The New Zealand Court of Appeal has found that the use of the word 'Budweiser' on bottle labels produced by Czech beer company Budweiser Budvar infringes the trademark rights of the US brewer of Budweiser, even though the claims of passing off and confusion were rejected.