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An initial determination recommending a general exclusion order against counterfeit Louis Vuitton products could send trade mark owners flocking to the International Trade Commission.

Members of Congress voiced concerns last month about the transitional business methods programme mandated by the America Invents Act, calling it "gross unfairness" and special interest legislation. The first oversight hearing on implementation of the AIA included testimony by USPTO director David Kappos, intense questioning by members of the House and a panel of stakeholders representing various sectors. To date, seven provisions of the AIA are already in effect, and notices of rulemaking have been published for nine others. Some congress members voiced concern about the business methods review programme, which would allow business methods meeting certain criteria to be challenged and reviewed by the USPTO under a special process. The intent is to weed out weak patents in this area, which many say are common. But Congresswoman Maxine Waters of California, who voted to strike the section relating to covered business methods from the bill, said that the provision blatantly favours the financial services industry at the expense of innovation. She and others fear that the provision is so broad as to put all financial-related inventions at risk, discouraging innovation in the area and disproportionately benefiting financial services companies, who will avoid having to license the technology.

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.

A proposed change to the law in Taiwan calls for up to five years imprisonment or fines of up to NT$10 million ($338,724) – more where there is intent to use the trade secrets abroad. This and several other proposed changes are in response to complaints from Taiwanese companies that the current law, which has been in effect since 1996, is no longer enough to deter trade secret theft.

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.

At the end of April, the Philippines deposited its instrument of accession to join the Madrid Protocol on international trade marks. It will become the 86th member of the system. But joining Madrid threatens to undermine the trade mark prosecution business of many domestic law firms. Managing IP sat down with the head of the IP Office of the Philippines, Ricardo Blancaflor (right), during the INTA Annual Meeting last month to discuss domestic opposition to Madrid, as well as his anti-counterfeiting work and amendments to the IP Code.

Simon Crompton explains the impact of three countries joining or clearing the last hurdles to join the international trade mark system

There is a strange transition occurring in the IP world right now. Lawyers can increasingly be heard at conferences and cocktail receptions talking about how important it is to pick one's battles, and warning peers not to use IP law too aggressively. Engage, explain, let it go if possible: it sounds more like the mantra of a yogi than an IP lawyer, and yet we hear it more and more each day in trade mark and copyright circles. In an age when consumers have just as much ability to generate negative press as industry critics and seasoned journalists, IP lawyers are becoming ever more aware of how closely their actions and policies are tied to PR and brand image. And so the recording industry's continued belligerence is becoming somewhat surprising, even to the IP community.

The Court of Appeal in London has ruled that Samsung’s claim for a declaration of non-infringement of an Apple design by its Galaxy tablet need not be stayed

Three committees in the European Parliament are due to vote this week on the controversial anti-counterfeiting treaty ACTA