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  • Previous articles described how The Wayback Machine (TWM, www.archive.org) may be used to establish a date of public availability for a particular internet page, which may be useful in legal proceedings. These articles also discussed a pitfall when dating information from a page which uses frames. This article discusses another pitfall, which relates to the use of objects in a page.
  • A merchant (not related to the firm Puma) in the perfume market sued a competitor for infringement of Puma's trade mark by its use of a Jungle Man logo. Puma's trade mark has been used for perfumes on the Austrian market through sales by means of its website. The plaintiff sued for trade mark infringement on the basis of Trade Mark Law and on the Law Against Unfair Competition for misleading consumers by use of a confusingly similar sign.
  • The full consequences of granting patents for so-called obvious inventions under the Australian innovation patents system are now being felt. Patent applicants have found that they can place significant hurdles in front of defendants in patent litigation trials. The result is that the scales are now firmly tipped to the advantage of patentees during litigation.
  • Article 50 of the TRIPs agreement establishes that the judicial authorities shall have the authority to order prompt and effective provisional measures to prevent the infringement of any IP right, and also the authority to adopt provisional measures inaudita altera parte where appropriate, in particular where any delay is likely to cause irreparable harm to the right holder, or where there is a demonstrable risk of evidence being destroyed.
  • On August 1 2011, the Kenya Standard newspaper reported that the Kenya Shippers Council (KSC) has a cunning plan to reduce the time taken to clear imported goods through the Port of Mombasa to three days. Also known as Kilindini, that port serves land-locked neighbours as well as Kenya and is second only to Durban among posts on the east African range. It is actually my home town and the news snippet conjured back the sun, ships and stevedores, the cargoes, cranes and Customs sheds among which I sweated before joining the law. What has all that got to do with intellectual property, I wondered?
  • On August 1 2011, the Kenya Standard newspaper reported that the Kenya Shippers Council (KSC) has a cunning plan to reduce the time taken to clear imported goods through the Port of Mombasa to three days. Also known as Kilindini, that port serves land-locked neighbours as well as Kenya and is second only to Durban among posts on the east African range. It is actually my home town and the news snippet conjured back the sun, ships and stevedores, the cargoes, cranes and Customs sheds among which I sweated before joining the law. What has all that got to do with intellectual property, I wondered?
  • Vipul N Bhuta and Mayuri N Khobragade of Aditya & Associates set out the provisions relating to jurisdiction in IP in India, and ask whether small companies are at the mercy of multinationals
  • The only way to handle online copyright infringement is for countries such as India to become harmonised with international frameworks, argue Jatin Trivedi and Nakul Sharedalal of YJ Trivedi & Co
  • Himanshu Kane and Ashutosh Kane of WS Kane & Co address the issue of inventor and employee rights to an invention, and the right to seek patent protection for it
  • Amaya Singh and Sonam Lhamu Bhutia of Lex Orbis IP Practice explain the impact that a series of trade mark reforms will have on brand owners