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  • A Singapore decision has highlighted the issues companies have with asserting copyright. Yew Kuin Cheah gives his advice on tracking authorship
  • Many brand owners believe a gTLD will help them control cybersquatting. Lego's Mette Andersen disagrees. It is her belief that the system as a whole will increase the level of abuse, and having your own domain will make little difference.
  • Seven years after the IP Enforcement Directive, the process of calculating patent damages varies a lot around Europe. Lawyers in five jurisdictions report local practice
  • The US register of copyrights has asked lawmakers to consider whether the mass digitisation of books requires them to change the law on copyright, or whether the challenges it poses should be met by businesses
  • A monthly column devoted to IP curiosities and controversies, named in honour of John of Utynam – who received the world’s first recorded patent in 1449 diary@managingip.com
  • My company is looking to outsource patent filing and drafting work abroad – what are the practical and legal pitfalls to avoid?
  • The Anticybersquatting Protection Act (ACPA) was enacted in the United States to provide trade mark holders with remedies against cyber-squatters. Under the ACPA, a defendant is considered to be a cyber-squatter and liable in a civil action if the plaintiff can demonstrate that: (1) the plaintiff owns a mark that was distinctive or famous at the time of registration of the domain name; (2) the defendant registered, uses, or traffics in a domain name that is identical to or confusingly similar to the distinctive or famous mark; and (3) the defendant had a bad faith intent to profit from the mark. If a trade mark owner can satisfy these requirements, it may be entitled to various forms of relief, namely transfer, forfeiture or cancellation of the domain name and, in certain circumstances, monetary recovery.
  • Among the Asian brands that are gaining worldwide fame are: Sony (Japan), Cathay Pacific (Hong Kong), Singapore Airlines (Singapore), San Miguel (Philippines), Wipro (India), Red Bull and Singha Beer, both from Thailand.
  • The patent prosecution highway (PPH) pilot programme between the Taiwan Intellectual Property Office (TIPO) and the USPTO became effective on September 21 2011 and will last for a trial period of one year. Under this programme, applicants may obtain corresponding patents faster and more efficiently.
  • The owner of a supplemental protection certificate (SPC) with duration until August 27 2011, based on the Swiss part of a European patent, suspected a manufacturer of a generic (with a marketing authorisation by Swissmedic as early as March 2010) of planning a market introduction before the expiration of the SPC. Despite enquiries by the owner of the SPC no clear information was given by the manufacturer that they would respect it. The SPC owner then requested a preliminary injunction with the Court of Commerce of Zurich.