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  • Icann's latest draft Applicant Guidebook for new generic top-level domains, released April 15, has enhanced some trade mark protections. The draft Guidebook now says that all new gTLD registries must provide both a Trade mark Claims and a Sunrise service. Previously, they could provide either one or the other. In a second important change, the latest draft has made it easier for trade marks to be included in the Clearinghouse. The previous draft said that only marks that have undergone "substantive review" would be recognised during Sunrise services, which might have excluded trade marks registered in offices that only examine on absolute grounds, including OHIM. However, trade mark owners will have to show use. The draft also includes a 'loser pays' model to the uniform rapid suspension process, but in only cases involving 26 or more domains.
  • Six US film studios have brought a copyright suit against Zediva, a start-up that blurs the line between DVD rental stores and online streaming services. In their complaint, filed in the US District Court for the Central District of California, Warner Bros, Columbia, Disney, Paramount, Twentieth Century Fox and Universal Studios are asking for the maximum statutory damages of $150,000 for each DVD. Zediva, which was launched in March, offers much lower prices than other streaming services. It rents DVD players and films that users can remotely access online. A rented DVD copy cannot be checked out by another consumer while in use. The company insists it is a model unlike online streaming sites, such as Netflix, and likens itself to bricks-and-mortar DVD rental stores. It has stopped allowing new registrations so it can increase capacity.
  • Draft legislation that would make Australia the first country to ban logos and branding from tobacco packaging has left questions over TRIPs compliance unanswered.
  • The number of EPO applications from China has leapt 96% from 6,490 in 2008 to 12,698 in 2010, according to data released by the EPO last month. "China is progressing very quickly," said EPO President Benoît Battistelli at a press conference in Brussels, "but there is only one Chinese company in the top 50 list". Siemens tops that list with 2,135 applications, followed by Philips (1,765) and BASF (1,707).
  • Legislation targeting industries indirectly supporting infringing web sites could be introduced in the House and the Senate later this spring, congressional leaders said last month. Hearings featuring testimony from Google and registrar GoDaddy showed the intensity of feeling around the issue.
  • India’s IP office - can you find your trade marks? With admissions that thousands of trade mark files have gone missing in India, the trade mark database is full of errors and officials have been arrested on corruption charges, lawyers are recommending that IP owners check their registrations and try to reconstruct anything that is missing.
  • USPTO Director David Kappos called for a renewed focus on international harmonisation of patent systems last month. Speaking at the Managing IP International Patent Forum in London, Kappos said: "I am thrilled that we're opening up more opportunities to work together with more countries, since ultimately the roadmap to harmonisation will be constructed by engaging offices across all continents."
  • Reporting live from the hearing at the US Supreme Court, Eileen McDermott found that judges are finding i4i’s arguments for patent invalidity unconvincing
  • The latest figures from China’s Supreme People’s Court show a dramatic rise in IP litigation, with domestic companies driving the increase
  • Tae Min Kim and Alice Young Choi from Kim & Chang provide a complete guide to the patent filing and enforcement process in Korea