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  • Anti-counterfeiting in East Africa is a topic in vogue, highlighted by the Kenya Anti-Counterfeit Act (Number 13 of 2008) and the interlocutory ruling of Justice Mwendoh, dated April 23 2010 in Kenya High Court Petition Number 409/2009 Ochieng', Atieno & Munyi v Attorney General. Reading Ochieng's case revived 1960s memories of a truckload of fake Aspro drugs destroyed by order of the then Supreme Court of Kenya, and the thoughts that:
  • 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
  • WIPO wants to revitalise the PCT system. James Pooley, deputy director-general for patents at the IP organisation, outlines progress so far and explains how the improvements should benefit users
  • With the entry into force of the Law on the Swiss Federal Patent Court (which may be expected to start operating in the first half of 2011) provisions will be introduced in the Swiss Patent Act that allow for a detailed description of patent infringing acts (saisie descriptive) as well as the seizure of goods (saisie réelle). The newly worded Article 77 of the Patent Act deals with this as follows:
  • On May 13 2010, Attorney Ricardo R Blancaflor, newly appointed director general of the Intellectual Property Office (IPPhil), issued Office Order Number 84 entitled Policies and Guidelines on Counterfeit and Pirated Products. This Office Order mandates that all officials and employees of the IPPhil should respect IP rights and that they should not patronise counterfeit and pirated products. It also applies to visitors of the IPPhil, who shall be subject to inspection by the security guards. To implement the Office Order, the security guards at the entrances and exits of the IPPhil building are instructed to do the following:
  • The French Federation of Perfumery Industries started opposition proceedings against a Greek trade mark application for perfumery goods in international class 3 containing the applicant's first name along with the term "de Paris" on the basis that said sign is deceptive as to the origin of goods concerned. The applicant contested the opposition on the grounds that the term "de Paris" indicates her connection with Paris, France, not the origin of the goods covered by the Greek trade mark application at issue.
  • Two years ago, in July 2008 the EU Commission adopted an Industrial Property Rights Strategy for Europe. It was endorsed by the European Council in September 2008. In its resolution, the Council invited the Commission to take affirmative action and deliver key measures, one of which was the creation of a European Observatory on Counterfeiting and Piracy.
  • Korean companies have traditionally been defendants in cases before the US International Trade Commission. Now they are likely to be plaintiffs. Alexander Koff considers whether Chinese businesses can make the same transition
  • IP owners often cooperate with business rivals to make their shared battle against fakes more effective. But staying on the right side of competition rules is vital. David Latham, Suzanne Rab and Laura Whiting provide a guide to getting the balance right
  • A recent ruling by the EPO on the patentability of software has done little to close the gap between EPO and UK interpretations of the law. Gwilym Roberts and Gareth Fennell explain where that leaves would-be applicants