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  • The Court of Justice of the EU has become increasingly important to patent law in Europe. Businesses need to be aware how this will shape European patents in the future, say Katie Hutchinson, Simon Llewellyn, Rachel Mumby and Steven Willis
  • A handful of countries have implemented some form of the controversial three-strikes policy, which cuts infringers’ internet access. Here local lawyers report on the first few cases
  • Last month a press conference was held at WIPO's new building in Geneva, to celebrate Qualcomm filing the 2 millionth patent through the PCT system. It was a brief affair. Statements were concise, questions few and answers succinct. We all wandered down the glass staircase into the main atrium, which is almost as high as the building itself – it is ringed by balconies that back onto the WIPO staff offices, and I noticed that a few people were leaning over the railings, looking down on us.
  • The sale of a freestanding covenant not to sue for $38.5 million at a recent patent auction may signal a popular new strategy for monetising patent assets. David Schmidt explains
  • Huang Hui and Paul Ranjard explain how China’s Supreme People’s Court has allowed limited protection for shapes under the Anti-Unfair Competition Law
  • Managing IP’s 2011 awards dinners took place last month in Washington DC and London, and included nearly 100 awards presented to law firms and individuals across 42 countries
  • 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
  • It happened to Tylenol, Firestone and Vioxx. What can trade mark counsel do to minimise the effect of a product recall on a brand?
  • In Korea, an employee has the right to obtain reasonable remuneration for a work-for-hire invention when he or she transfers a patent right or the right to obtain a patent, or grants an exclusive licence to the employer in accordance with a contract or service regulation. The employer's expected profit from the work-for-hire invention is considered when determining the reasonable remuneration. A recent Supreme Court opinion provides insight on whether an assignee's expected profit, in addition to an assignor's expected profit, should be considered when determining the remuneration if both the patent for the work-for-hire invention and the relevant business are transferred from the assignor to the assignee.
  • On September 21 2010, the Government of Vietnam promulgated Decree 97, which provided stronger administrative sanctions for violations of industrial property in Vietnam, replacing Decree 106 from dated September 2000 on the same issues. Decree 97 defines categories of acts considered violations, various forms and levels of penalties, remedies and procedures for imposing sanctions, as well as competence of local authorities to handle such violations.