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  • Further to a decision that ruled the proceeding of allocation of domain names to be against the Constitution of France, the allocation and management of domain names for extension .fr must comply with the law. Indeed, a new legal framework for French domain names has been established by Law 2011-302 of March 22 2011. The decree relating to the management of first level domain names (.fr/.re/.mq) was issued on August 3 2011.
  • The EPO has announced a change in its practice regarding the issuance of a second written opinion in the procedure under Chapter II PCT.
  • On September 1 2011, the Office of the Legislative Affairs of the State Council issued draft changes to the Trade Mark Law for comments. Several drafts had been circulated by the Chinese Trade Mark Office (CTMO) for comments some years ago, but that was followed by a long period of silence. The consultation period is rather short, only one month, and it ended on October 8 2011. The proposed key changes are the below.
  • Some of the more vinophile IP enthusiasts might have heard of young Austrian wine called Junker coming from southern Styria. In 1986 some wineries from Styria joined together to sell the young white wine under a common name and a joint advertising campaign. An advertising agency developed the label Styrian Junker. The marketing of the new wine was so successful, more and more Styrian wine growers were interested in collaborating. This led to the establishment of the plaintiff, a common marketing agency, whose statutes state that it aims to protect and promote Styrian wine. In 1996 the trade mark Steirischer Junker (Styrian Junker) for wines (class 33) was applied for and registered; in 2004 the same word mark was registered for foods (class 30) without filing a proof of the reputation of the mark.
  • The Australian Council of Intellectual Property (ACIP) has announced a review of the Innovation Patent System.
  • In Argentina there is no legislation specifically regulating the domain name registration procedure, except for administrative resolutions passed by the government.
  • With the success of many local franchise systems, the drive to establish South African franchise businesses abroad is gaining traction. One of the most valuable components of a franchise is its brand identity: the trade marks inform this identity. Why do we protect trade marks? Simply, they distinguish a business from its competitors. The trade mark of a franchise, for which franchisees pay huge fees, is an indication to consumers of the quality of the goods or services on offer. Without trade marks, some of the best-known international franchises would dilute their market share and brand identity, losing their value.
  • The UK’s Supreme Court has overturned the lower courts’ interpretation of industrial application in its first ruling in a patent case
  • Google’s recent report on government requests for content removal shows that Brazil has made the most tracked claims that concern copyright infringement
  • Adult entertainment businesses registered nearly 80,000 .xxx domains and more than 42,000 brand owners blocked their trade marks during the extension’s sunrise.