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  • The Australian Full Federal Court found last month that Optus's TV Now service, which streamed over-the-air television to customers' mobiles, infringed the AFL and NRL's copyrights. But although it was a good win for IP owners, too much of the law remains unclear.
  • Benoît Battistelli, EPO David Rosenberg, GSK One of the highlights of the Managing IP International Patent Forum in April was the debate over the unitary patent. The transparency of the negotiating process, the advantages and disadvantages of bifurcation and the quality of the courts that would decide disputes elicited strong opinions from a panel.
  • An initial determination recommending a general exclusion order against counterfeit Louis Vuitton products could send trade mark owners flocking to the International Trade Commission.
  • It's the number everyone wants to know: how many new gTLDs will there be? While the figure will not be known for many months, Icann has revealed that there were 2,091 applications in the system when it was taken down on April 12, with a further 214 applications recorded.
  • While the legislative work on the unified EU patent system has not progressed recently, and there has been no sensational news from the EPO, there have been a few recent decisions of the boards of appeal dealing with the interpretation of claims in EPO proceedings. More specifically, the question of whether and to what extent the description may be used to interpret the claims.
  • French Trademark Law provides for the coexistence of a registered trade mark and an identical surname used in the course of trade. To protect against fraud, the latter can use its surname, which is an attribute of its personal rights, as a company name or trade name, excluding trade mark applications. The conditions are good faith and lack of a likelihood of confusion. The coexistence is fair if all precautions are taken against confusion and taking advantage of existing trade marks.
  • On October 1 2009, an amendment to the law on costs in patent affairs came into force in Germany. Previously no claim fees existed at the German Patent and Trademark Office (GPTO). The amended law regulates that every claim in excess of 10 claims incurs increased filing fees (electronic filing: €20/claim, paper filing: €30/claim). Compared to other jurisdictions, these claim fees are moderate.
  • The UK has appointed three IP attachés in the past year, but the EPO has opted not to replace its man in China. So what is the point of attachés and how are companies using them?
  • A new law has been enacted in Greece by virtue of which the previous Trademark Law has been extensively amended. But because of several administrative changes that need to be made, the new law will not come into effect until October 11 2012.
  • In the recent decision of Super Cassettes Industries v Music Broadcast, the Supreme Court overturned a finding by the Delhi High Court that permitted the Copyright Board to grant an interim compulsory licence to a copyright in any Indian work.
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