The Australian courts have continued to restrict the ability of applicants to obtain shape trade marks. In the latest case of Chocolaterie Guylian N.V. v Registrar of Trade Marks [2009] FCA 891, the Federal Court has agreed with the Registrar’s refusal to register Guylian’s well-used shape of a seahorse despite substantial use and high levels of consumer recognition.

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In a recent Federal Court decision of Lundbeck Canada Inc. v. Ratiopharm Inc., 2009 FC 1102 dated November 23, 2009, Justice Mactavish clarified the duty of candour owed by an applicant pursuant to s. 73(1)(a) of the Patent Act.

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Earlier this year, the French Assemblée Nationale produced a draft law that would have required Internet Service Providers (ISPs) to implement graduated response systems for subscribers found to be downloading copyright-protected materials over the Internet.

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The Australian courts have continued to restrict the ability of applicants to obtain shape trade marks. In the latest case of Chocolaterie Guylian N.V. v Registrar of Trade Marks [2009] FCA 891, the Federal Court has agreed with the Registrar’s refusal to register Guylian’s well-used shape of a seahorse despite substantial use and high levels of consumer recognition.

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We had recently written about how a dispute over the ownership of certain IP threatened to derail eBay’s proposed sale of Skype.

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