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Fabrizio de Benedetti and Andrea Klein of SIB Società Italiana Brevetti explain how IP owners can make the most of tougher sanctions in the country's Criminal Code in their fight against infringers

Liability for infringement of US patents may come about in several different ways, including direct infringement, inducement of infringement and contributory infringement. While the IP laws of protection are clear in each case, foreign manufacturers continue to challenge their application to activities outside the US.

Under the previous Korean Trade Mark Act, when a company filed a trade mark (mark B) that was similar to a prior trade mark registration (mark A) that had grounds for invalidation, as long as mark A was registered and valid when mark B was filed, mark B could not be registered because of its similarity to mark A. This applied even if mark A was invalidated after mark B had been filed. Therefore, in a case where mark B was rejected on the grounds of similarity to mark A, the company filing mark B had no choice but to first invalidate mark A, and then refile mark B.

Several months after the ECJ gave its decision in PAGO International GmbH v Tirolmilch Registrierte Genossenschaft mbH (October 6 2009; C-301/07), most of the dust it has kicked up has now settled.

On December 8 2009, the National Office of Intellectual Property issued the long-awaited examination guidelines for industrial designs. The guidelines gave clarity to a number of issues that had been left unclear under the Law on Intellectual Property (IP Law) and its regulations.

Antitrust regulator voices concerns over copyright deal

On January 8 2010 a remarkable ex-parte injunction order in a patent case was issued in summary proceedings at the Court of The Hague.

The constitution of OAPI was the 1977 Bangui Agreement. Each OAPI member adopts, as its national IP laws, the detailed provisions set out in the Agreement (OAPI laws). The founder members of OAPI were Benin, Burkina Faso, Cameroon, Central African Republic, Chad, Congo, Gabon, Ivory Coast, Mauritania, Niger, Senegal and Togo. Mali acceded in 1984, Guinea in 1990, Guinea-Bissau in 1998 and Equatorial Guinea in 2000.

A monthly column devoted to IP curiosities and controversies, named in honour of John of Utynam - who received the world's first recorded patent in 1449

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