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WIPO received 39,687 applications through the Madrid System in 2010, with the biggest growth coming from South Korea, China and Italy

In our article in last month's magazine, we reported on how Société des Produits Nestlé SA successfully obtained an ex parte injunction prohibiting the retail discounter Denner AG from selling and advertising coffee capsules compatible with Nestlé's Nespresso coffee machines which were similar in appearance to Nespresso coffee capsules. Nestlé's claims were based on a three-dimensional trade mark registration for the capsule shape, on a trade mark registration for the mark "What else?" and on unfair competition law.

The Federal Administrative Court recently rejected, on appeal, an application to register the scent of caramelised almonds as a scent mark.

In a recent patent infringement case, the plaintiff and appellant had requested the Commercial Court of Argovia to conduct pre-trial evidence proceedings, to allow the plaintiff to assess the available evidence and chances of success for an eventual patent infringement action against the defendant. According to the plaintiff, the defendant acted as an accessory to patent infringement by supplying apparatus parts to the main infringer (an operator of a refuse disposal plant). The plaintiff invoked article 158 of the new Federal Code of Civil Procedure (CCP), which grants (among other, alternate grounds) the right to pre-trial evidence proceedings if the plaintiff makes a credible case for an interest that justifies protection.

In 2009, a Swiss Federal Act establishing a specialised Federal Patent Court was passed. The new court will become the only first instance Swiss court for patent infringement and nullity proceedings (which to date have been handled by 26 cantonal courts of first instance), with Swiss national patents and the Swiss parts of European patents falling within the Court's jurisdiction. The Swiss Federal Court will retain its present function as second instance in patent matters. The new Patent Court will be constituted in 2010 and is expected to take up work early in 2011.

Ralph Cunningham, Hong Kong

A report issued by the European Commission has revealed which EU member states make the most money from patent licensing.