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  • It seems the circulation of counterfeit and pirated products still cannot be stopped by law enforcement in Indonesia. Although the government is conducting aggressive raids searching for products that violate IP rights, the illegal practice is still commonplace in several shopping malls and online. This not only affects the IP owner – the state also loses financially from the circulation of counterfeit and pirated products.
  • Indian law allows a holder of IP rights, including patents, to prevent the import of infringing products through the mechanism established under the Intellectual Property Rights (Imported goods) Enforcement Rules, 2007, notified under the Customs Act, 1962. As per the Rules, clearance of goods suspected to infringe is suspended and once it is determined that the goods are infringing, they are confiscated, then seized and eventually destroyed or disposed of otherwise than in the normal course of trade.
  • In a recent case, the Hellenic Telecommunications and Post Commission considered a complaint filed by the owner of the Community trade mark Wind for services in class 38, which includes telecommunications, against the owner of the Greek domain name www.wind.gr.
  • In Germany, a granted preliminary injunction may be revoked if a change in circumstances occurs after grant. In a recent decision the District Court in Düsseldorf decided on a case where a request for revocation of a preliminary injunction was filed based on the fact that the utility model (the subject of the injunction) had been partially cancelled by the German Patent and Trademark Office (GPTO).
  • A new dispute resolution proceeding for domain names named Syreli entered into force on November 21 2011. Then, on December 6 2011 the registration of .fr was extended to all persons located in the EU, Norway, Gibraltar, Iceland, Liechtenstein and Switzerland. New extensions have also been opened:
  • While FICPI and other stakeholders have once again appealed to legislators to reconsider a variety of issues around the envisaged unified EU patent system, most observers have good reason to fear that the proposal, including a unified patent court, will be rushed through under the current Danish EU presidency.
  • In a recent decision the Austrian Supreme Court decided a dispute between the trade mark owners of Oral B and Dr Best. Both companies produce toothbrushes. The dispute focused on the construction of the provision of the Austrian Trade Mark Act which corresponds to Article 12 of the Community Trade Mark Regulation, on limitations of the effects of a trade mark if use of a mark is necessary to indicate the intended purpose of the product, in particular as a spare part.
  • As part of major international patent litigation, Samsung has prevailed over Apple in Australia in a preliminary injunction skirmish.
  • Protection of test data is very relevant to quality protection and, therefore, health protection. In this regard, regulations securing the quality of pharmaceutical products have not evolved in Argentina as they have done in countries with better sanitary vigilance.
  • Recently, the Treatment Action Campaign (TAC) has called on the South African government to revise the South African Patents Act to reduce the patent protection available to pharmaceutical inventions, which the organisation believes is responsible for the high cost of medicines and a delay in the availability of generic medicines. TAC refers to the Doha Declaration, which was signed by South Africa as a member of the World Trade Organisation, to support its call.