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Material Misrepresentation as Ground for Revocation of South African Patents

southafricaflagToday on IPcopy we have a guest post from Brian Bacon Inc on a recent decision that illustrates how declarations made on the Form P3 may leave a patent open to revocation.

A relatively recent decision in the Court of the Commissioner of Patents has confirmed that a South African patent will be open to revocation if the prescribed declaration (on Form P3) was signed before rectifying any invalidity of which the applicant ought to have known. This sends a stern warning to applicants and confirms that many South African patents may be incurably open to revocation. (more…)

Quasar Trade Mark Appeal Case highlights importance of evidence

file000267804564This article concerns an appeal by the proprietor (“Quasar”) of UK Trade Mark No. 2409353 Q-ZAR in Classes 25, 28 and 41 (“the Mark”) against the decision issued on 11 March 2013, which revoked the marks protection in all goods and services of the registration pursuant to Section 46(1)(a) of the Trade Marks Act 1994 (“the Act”), namely:

Class 25: Clothing, footwear, headgear

Class 28: Games and playthings; gymnastic and sporting articles not included in other classes; electronically activated toys; electronically activated chest pack amusement games utilising electronic weapons and target apparatus for simulating combat conditions; toy guns, laser activated toys and video game machines; protective padding

Class 41: Entertainment services; amusement centre services and recreational services (more…)

Amazon’s “Gift order” patent: The EPO Looks a gift patent in the mouth

giftIt has been several weeks since we’ve seen a good bout in the Apple vs Samsung patent war. Fortunately, this cavernous gap in our lives has been filled, at least for a little while, by Amazon’s escapades before the EPO’s Opposition Division this week.

The case is a long one (If you’ve a lot of time to spare, you can check out the EPO register entry here), so IPcopy is here to give you a whistle-stop tour.

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