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  • The Administrative Council of the EPO has recently announced two changes to the EPC implementing regulations (Rules), concerning fee reductions and fee refunds.
  • On May 1 2014, revisions to the PRC Trade Mark Law will enter into effect, and Chinese authorities have begun issuing draft rules and judicial guidelines that will be used by the Trade Mark Office (TMO), Trade Mark Review and Adjudication Board (TRAB) and Beijing courts to apply the revised law. While work on these rules is by no means finished, their contents give valuable insights as to the likely direction on key questions, including:
  • The final version of the Regulatory Measures on National Standards Involving Patents (Interim) has been released by the Standardisation Administration Commission (SAC) and the State Intellectual Property Office (SIPO) and took effect on January 1 2014.
  • An international patent (PCT) application will enter into the European regional phase after 31 months from the date of filing or from the priority date, if priority is claimed.
  • The Austrian Supreme Court (OGH 4 Ob 140/13m) had to deal with the question whether the offer for sale at international expositions in foreign countries (Germany, Turkey) is an infringement of an Austrian patent.
  • The major recommendation of the Australian Law Reform Commission's report on Copyright and the Digital Economy is to introduce a general fair use defence against copyright infringement.
  • Section 3 of the Trade Mark Law sets forth that a trade mark identical or similar to one previously registered or applied for to distinguish the same goods or services cannot be registered.
  • The advent and rapid development of the internet has created another avenue for counterfeiters to sell fake goods to consumers on a global scale. While some of the African countries are yet to implement Customs recordal systems and/or enact anti-counterfeiting laws to assist in the fight against counterfeiting, in compliance with the TRIPs Agreement, counterfeiters have stepped up their game. Through online sales, counterfeiters have an unfettered access to consumers' African markets thus making it even more difficult for the enforcement authorities to prevent counterfeit goods from entering their market.
  • The Court of Justice of the EU has ruled that the monopolies enjoyed by national collecting societies to collect copyright royalties are lawful, but that imposing high fees may amount to an abuse of a dominant position
  • It was a notable day for the US law firm Finnegan yesterday. Veteran litigator Don Dunner made his debut at the US Supreme Court at almost exactly the same time as the firm marked the opening of its London office with a seminar and reception