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WEDNESDAY, 3 MARCH 2010
Poland: trade marks and taxes
The Supreme Administrative Court in a judgment of 20 November 2009, case file II FSK 1003/08, acknowledged the rule that the Polish taxpayer is allowed only for the depreciation of the registered trade mark .This judgment was based on provisions of article 16b(1)(6) of the Polish Act of 15 February 1992 on legal persons’ income tax – LPIT (in Polish: Ustawa o podatku dochodowym od osób prawnych) consolidated text published in Journal of Laws (Dziennik Ustaw) of 2000, No. 54, item 654 with subsequent amendments.
The following intangible assets, acquired and fit for commercial use as at the date of acceptance for use, shall be depreciated, subject to Article 16c:
(6) rights to: inventions, patents, trade marks, designs.
The SAC ruled that the priority to obtain the right of protection for a trade mark which is determined according to the date of filing of a trademark application with the Polish Patent Office (PPO) is something different than the possibility of introducing such a right in the records of intangible assets, which is allowed by the LPIT only after the PPO issued a positive decision on the grant of a right of protection for a trademark. Such a decision is always taken after having established that the statutory requirements for the grant of the right have been satisfied. Having only a priority does not guarantee such situation will take a favourable turn.
See Class46's earlier post entitled "Poland: depreciation for registered trade marks only".
Posted by: Tomasz Rychlicki @ 10.02
Tags: Poland, Polish courts, Polish law, Polish trade marks, taxes, Supreme Administrative Court, depreciation of intangible assets, |
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WEDNESDAY, 3 MARCH 2010
Poland: Glazide is distinctive
This is a continuation of the story described in Class46's post entitled "Poland: Glazide differs from gliclazidium". Les Laboratoires Servier from France filed a cassation complaint. The Supreme Administrative Court in a judgment of 16 December 2009, case file II GSK 214/09, ruled that the sign GLAZIDE is representing a creative transformation of the name of an active ingredient (AI) that was proposed by the WHO. GLAZIDE has the distinctive character because it is a fanciful sign and it does not constitute either a name of a generic product, or the International Nonproprietary Name of the active substance of the Latin Gliclazidum (English: Gliklazide, Polish: Gliklazyd), nor does it directly inform about the characteristics (properties) of goods. Therefore, the SAC rejected the complaint.
Posted by: Tomasz Rychlicki @ 00.43
Tags: medicines, Poland, Polish courts, Polish law, Polish Patent Office, threshold for similarity, Supreme Administrative Court, Voivodeship Administrative Court, |
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TUESDAY, 2 MARCH 2010
New Trade Mark Law in Slovakia
The new trade mark law came into force in Slovakia on 1 January 2010, replacing the old 1997 legislation. All trade mark proceedings which were pending on that date will be continued by applying the new law.
The new law seeks to harmonize Slovak legislation with the relevant EU regulations. Among other things, it includes new terminology. For example, the term ‘similarity’ is now used instead of ‘interchangeability’, both to define a reason for denying registration and as a basis for trade mark infringement.
The new law als defines more precisely the rights of owners and introduces a right to compensation for the damage suffered through trade mark infringement.
According to the new legislation, applicants are formally allowed to divide the main application into one or more sub-applications, in order to extract certain goods or services from the main application.
Source: IP Newsletter of PETOSEVIC
Posted by: Jeremy Phillips @ 21.26
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TUESDAY, 2 MARCH 2010
Apples and cakes get protected name status
 Today the online version of the Official Journal of the European Union brings news of two further Regulations which confer protection on the use of names. They are
* Commission Regulation 171/2010 of 1 March 2010 entering a name in the register of protected designations of origin and protected geographical indications (Mela di Valtellina (PGI)) -- the Mela di Valtellina being a tasty-looking apple from Italy.
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Commission Regulation 172/2010 of 1 March 2010 entering a name in the register of traditional specialities guaranteed (Prekmurska gibanica (TSG)), this being a delicious and strudel-esque Slovenian layer-cake for which Class 46 brings you a recipe here.
Posted by: Jeremy Phillips @ 08.25
Tags: GIs, TSGs, |
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TUESDAY, 2 MARCH 2010
Russian Antitrust Commission Bans Chocolates Similar to Ferrero Rocher
 The Federal Antitrust Commission of Russia recently ruled that the Russian confectionery maker Konti-Rus violated the Law on Protection of Competition by producing the Esfero Crema sweets (right), which were found to be confusingly similar to the Italian confectionery maker Ferrero’s chocolates Ferrero Rocher.
As the legal portal Pravo.ru reported last month, the FAS claimed unfair competition on the basis of trade mark infringement, stating that the packaging and the look of chocolates were confusingly similar to Ferrero’s signature round Nutella-filled chocolates wrapped in gold foil.
The case against Konti-Rus was dismissed as the infringer voluntarily admitted violation of Article 14.4, of the Law on Protection of Competition, which prohibits the production and sale of goods infringing intellectual property rights.
Source: IP newsletter of PETOSEVIC
Posted by: Jeremy Phillips @ 05.53
Tags: Russia, infringement, |
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MONDAY, 1 MARCH 2010
T - just T: Deutsche Telekom to abandon some of its "old brands" on German market
 German news site n-tv.de today reports that German telecommunications giant Deutsche Telekom will abandon some of its "old" brands such as T-Mobile and T-Home and will market its services under the mark "T".
This change appears to only affect the German market and will be effective as of 1 April 2010. The announcement was made ahead of the Cebit trade fair by Niek Jan van Damme, head of Deutsche Telekom Germany.
Posted by: Birgit Clark @ 17.11
Tags: germany, brands, |
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MONDAY, 1 MARCH 2010
New OHIM Online Poll: help OHIM to improve its service
 This Class46 member likes trade mark polls, well some of them. One I have just completed is this one: OHIM's Online Poll: What are OHIM's vital statistics? What is it all about? OHIM would like to improve its service and needs one minute of your time to complete its new online poll - surely that is not asking too much....
Click here to go to OHIM's website and take part.
PS: It took me exactly 1 min 20 seconds to complete the poll.
Posted by: Birgit Clark @ 17.05
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