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  • The US copyright office has stated that yoga poses cannot be copyrighted, as part of a dispute between practitioners of hot yoga
  • In the light of recent cases in Europe, Catriona Smith and Colin Fowler argue that registered designs can be a useful tool for good designs that cannot be protected in other ways
  • For businesses, a .brand gTLD can look exciting on paper. New business opportunities and increased internet security appear enticing. But once they have committed to applying for a new gTLD, applicants must undertake a long consultation process and write their applications. They must provide detailed financial and technical information, and show to Icann that their .brand is a viable project.
  • Amending patent applications in China can be difficult. Wang Guilian, a serving examiner of SIPO’s Patent Reexamination Board, offers some advice on how to get it right
  • Registering a pure colour as a trade mark is no less controversial than colour lending distinctiveness to high-heeled shoes. The cases have largely been played out in the UK and Australia, with Cadbury and Nestlé at the centre of several over the past few years.
  • IP owners will be pleased with the Court of Justice’s ruling last month on when goods suspected of infringement can be seized by Customs. The points on proving infringement are much more tricky, says James Nurton
  • Senator Ron Wyden and Representative Darrel Issa have introduced the Online Protection and Enforcement of Digital Trade Act (OPEN) to compete with two other anti-piracy bills now working their way through Congress.
  • Litigation in Thailand has often been stigmatised as lengthy, expensive, cumbersome and convoluted. Indeed, the weight of this fear burdens not so much the infringers of IP rights but, disproportionately more in fact, brand owners themselves.
  • Keeping pace with changing times, the Malaysian Government recently passed the Trade Descriptions Act, 2011 (TDA). The Act aims to tighten trade mark enforcement provisions by prohibiting false trade descriptions and false or misleading statements, conducts and practices in relation to goods or services, thereby protecting the interest of consumers.
  • In a recently published decision of May 10 2011 (Okklusionsvorrichtung), the German Federal Court of Justice (FCJ, Bundesgerichtshof) confirmed existing case law concerning the precedence of the claim over the description in a patent.