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Article 85.1.2 of the old Patent Law provided: When a patentee claimed damages, he could calculate his loss according to the profits gained by the infringer from his infringing act; where the infringer was unable to provide documentation proving the costs or other necessary expenses, the total sales of the infringing article should be deemed to be the infringer's profits.

Cable television system operators retransmitted terrestrial channels, including channels subject to mandatory retransmission pursuant to the Broadcasting Act, without providing any payment to the relevant terrestrial broadcasters in Korea. Therefore, on September 10 2009, KBS, MBC and SBS (the three terrestrial broadcasting stations) filed a preliminary injunction seeking the suspension and prevention of various infringements against a major operator, alleging that the retransmission infringed their copyright (the right of broadcasting from the rights of communications to the public) and neighbouring rights (simultaneous relay broadcasting rights).

The value of intellectual property is well known, but Guy Proulx argues that rather than merely acquiring assets, companies need to develop an IP strategy that fits in with their long-term business goals

In an infringement case, the Austrian Supreme Court developed its previous case law on the scope of protection of trade marks. The decision also deals with the defence of non-use of the plaintiff's mark in the past with respect to intermediary rights.

The revised European Patent Convention (EPC2000) introduced a review procedure for Boards of Appeal decisions by the Enlarged Board of Appeal (Article 112a EPC). The grounds on which a review may take place are rather limited. Among other things, parties adversely affected by a decision in appeal can file a petition for review on the grounds that a violation of the right to be heard occurred during proceedings before the Board of Appeal.

Globalisation of corporate activities has enabled companies of different nationalities to conclude multinational patent transfer agreements. In this case, a Japanese company and a Korean company agreed to the jurisdiction of the Seoul Central District Court in a multinational patent transfer agreement. The Korean court affirmed the jurisdiction, however the Japanese court denied the jurisdiction regarding the transfer of the Japanese patents at the execution stage. If the jurisdiction agreed by the parties becomes void at a later execution stage in Japan, how should foreign companies decide jurisdiction clauses in multinational patent transfer agreement against Japanese companies?

The question of whether a trade mark licensee should be recorded as a registered user (RU) has often been posed to trade mark practitioners where there are cost versus benefit considerations. The costs are filing fees, which are compounded by the need to make fresh applications whenever the trade marks concerned are renewed. In the Malaysian context, it has always been thought that two main benefits arise from such recordals. The first would be that the use by the RU would be deemed as use by the registered owner. The second is the right of the RU to sue for trade mark infringement, if certain conditions are met.

Copyright explained, by sock puppets. Plus a little cocktail mixing

Netherlands comes ahead of a case that is awaiting a decision of the Enlarged Board of Appeal of the EPO (G 2/12): are plants that are obtained as a result of an "essentially biological process" patentable subject matter?

It is common practice for computer games to feature likenesses of sports teams (for example PS3 All Blacks Rugby Challenge) or sports stars (such as Michael Jordan in NBA 2K11 for PS3). But what happens when the creators of a game use an athlete's likeness without permission?