ReLaw Intellectual Property Newsletter
Spring/2005
ENFORCEMENT OF IP RIGHTS
- Rules for simplified procedure of destruction of counterfeit goods
PATENTS
- The Patent Law Treaty in force
- New edition of the International Patent Classification
- Compensation for patent expenses in Lithuania
TRADEMARKS
- Changes to Trademark Law Treaty
- Calculation of damages in trademark infringement cases
- Comparison of word and figurative trademark
ENFORCEMENT OF IP RIGHTS
Rules for simplified procedure of destruction of counterfeit goods
On April 15, 2005 the Customs Department of Lithuania has confirmed the rules for simplified procedure of destruction of the seized counterfeit goods as required by Article 11 of Council Regulation (EC) No 1383/2003. The simplified procedure enables customs to have seized goods destructed with the IP right-holder’s agreement under customs control without there being determined that the IP rights were infringed under national law.
PATENTS
The Patent Law Treaty in force
The Patent Law Treaty (PLT), which was adopted in Geneva on 1 June 2000, entered into force on 28 April 2005. PLT is focused on simplifying and harmonizing the requirements for patent filing and granting in national offices. PLT forms the very first steps towards the overall harmonization of Patent Law. Ten states are members of PLT: Moldova, KyrgyzRepublic, Slovenia, SlovakRepublic, Federal Republic of Nigeria, Ukraine, Estonia, Denmark, Republic of Croatia and Romania.
New edition of the International Patent Classification
The new 8th edition of the International Patent Classification (IPC) should enter into force on January 1, 2006. WIPO committee made some essential changes to the currently valid IPC that will help to improve its usefulness as a global patent information resource.
Compensation for patent expenses in Lithuania
The Government of Lithuania confirmed rules for compensation of expenses related to obtaining patent. The compensation may be applied to applications for patent filed in accordance with the Patent Cooperation Treaty or the European Patent Convention. The compensation may be granted to compensate filing fee, search fee, expertise fee, grant fee as well as translation expenses and cannot exceed 100 000 EUR of de minimis state aid within 3 years.
TRADEMARKS
Changes to Trademark Law Treaty
WIPO offered changes to Trademark Law Treaty (TLT). The changes are intended to keep step with the current progress in telecommunication and include provisions for electronic filing of trademark applications and other documents. The proposed amendments also define terms on the representation of all types of marks, provisions concerning the record of trademark licenses, measures when certain time limits have been missed. The changes should be initially discussed and confirmed in 2006.
Calculation of damages in trademark infringement cases
The Supreme Court of Lithuaniain case UAB “Rasa” and others v. II Kertupis explained the grounds for claiming and, mostly important, calculating damages in trademark infringement cases. The court stated that damages may be calculated according to the income that the defendant had had oraccording to not received income of the plaintiff as well as according to the fee that the trademark owner would have received from the defendant for the legal use of the trademark under license. This Supreme Court ruling is the first ruling defining clear guidelines how to calculate damages, thus, enabling trademarks owners claim not only moral but also monetary satisfaction.
Comparison of word and figurative trademark
The Supreme Court of Lithuania left valid the decisions of the first instance and appeal courts that allowed coexistence of word trademark PRESIDENT and figurative trademark Praesident Meinl Kaffe. The Supreme Court confirmed that the similarity of trademarks should be evaluated on the basis of the overall impression of the trademarks. The court also stated that the word PRESIDENT cannot be considered as being strong element of the trademark that should be the main basis for deciding similarity.
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ReLaw Intellectual Property Newsletter is prepared by the law firmReLaw established in Lithuania and focusing on the core sectors of intellectual property & IP enforcement, competition & trade, real estate & construction.
The data in this newsletter is for information purposes only and cannot be considered as legal advice. For more information please contact:
- Lawyer patent attorney Vilija Viesunaite at
- Lawyer Vytautas Kalmatavicius at