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  • Managing IP included 18 Europeans in its 2010 list of the 50 most influential people in IP. We introduce them here, beginning with Benoît Battistelli, who tells Emma Barraclough about his plans for his time as president of the European Patent Office
  • In-house counsel related their experiences of managing a global portfolio of patents at yesterday’s CIPA Congress in London
  • When a brand owner believes that its valuable trade mark rights have been infringed by a third party, it can be faced with a difficult decision over the appropriate forum for enforcing its proprietary rights. The decision can be more difficult if the injury that resulted from the infringement occurred outside of the country in which the trade mark owner is pursuing enforcement action.
  • Taiwan's Trademark Export Monitoring System was abolished in July 8 2010. So applications for recording registered trademarks for export monitoring purposes are no longer accepted. However, for trademarks that have been recorded with the authorities, the border protection remains good until expiry of the recorded durational terms thereof.
  • The Singapore Patents Act defines a patentable invention as one that is novel, inventive and capable of industrial application. Like most jurisdictions in the world, Singapore adopts an absolute novelty requirement. For an invention to be novel in Singapore, it must not form part of the state of the art. The Act defines the state of the art as follows:
  • We had reported in the May issue a decision of the Federal Supreme Court that held that the consent of a patent owner is necessary for the registration of a patent licence with the Office on request of the licensee, and that the Office must involve the patent owner in the proceedings for registration.
  • Trade mark protection under Polish Criminal Law is guaranteed by the following legal acts:
  • On April 7 2010, the Court of Appeal of Kuala Lumpur, in delivering its judgment in Taiping Poly (M) Sdn Bhd v Wong Fook Toh & ORS CA (2010 6CLJ 51), drew a distinction between the net loss of profits and the loss of sales, as a result of an infringement and passing off of a trademark.
  • Japanese patent applications should be exceptionally careful in describing the claim of the patent, as courts favor an objective determination of disputes concerning the matters set out in the application. Underscoring this is a recent judgment of the Osaka District Court, which ruled against the holder of a brand-name pharmaceutical patent and in favour of a generic company due to the former's carelessness in determining the claim.
  • The long-awaited amendment to the Italian Industrial Property Code (IPC) was finally enacted on September 2 2010, by means of legislative decree 131/2010.
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