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  • The advent of instant messaging, text messaging and internet speak has created a lingo reflective of the evolving state of language and communication. Many words and phrases have been reduced to non-standard abbreviations and symbols, including initials for profanities which would be easily recognisable to the messaging masses. Whether the Trade-marks Office will view such abbreviations as registrable or contrary to Section 12(1)(e) of the Trade-marks Act is yet to be determined.
  • Two recent court decisions against YouTube and the Pirate Bay herald a new era in the battle against online piracy in Italy, say Roberto Valenti and Elena Martini of DLA Piper
  • Italian-headquartered Sisvel administers patent pools for some of the world's biggest electronics companies. Founder Roberto Dini spoke to Emma Barraclough about licensing, enforcement and patent trolls
  • In the summer of 2009, the principle of regional exhaustion for goods released into circulation in the European Economic Area (EEA) was introduced into the Swiss Patent Act. Thus, the patent owner's exclusive right is deemed exhausted when patented products have been released on to the market by the owner or with his consent within the EEA or Switzerland. Such products can accordingly be imported into and sold in Switzerland notwithstanding the patent in Switzerland covering these products.
  • Liability for infringement of US patents may come about in several different ways, including direct infringement, inducement of infringement and contributory infringement. While the IP laws of protection are clear in each case, foreign manufacturers continue to challenge their application to activities outside the US.
  • Under the previous Korean Trade Mark Act, when a company filed a trade mark (mark B) that was similar to a prior trade mark registration (mark A) that had grounds for invalidation, as long as mark A was registered and valid when mark B was filed, mark B could not be registered because of its similarity to mark A. This applied even if mark A was invalidated after mark B had been filed. Therefore, in a case where mark B was rejected on the grounds of similarity to mark A, the company filing mark B had no choice but to first invalidate mark A, and then refile mark B.
  • The trade mark Pascal was registered in 2004. In 2005 the owner applied for the trade mark Pascal Søtt & Salt (Pascal Sweet & Salty) for restaurant services in class 43.
  • Amendments to Japan's Copyright Act came into force in January this year. The changes are designed to promote the circulation of electronic copyrighted contents and comprise three parts: 1) amendments for freer use of copyrighted contents on the internet; 2) amendments to prevent circulation of copyright-infringing goods/contents; and 3) amendments to broaden the opportunities for disabled people to use copyrighted information.
  • Because pharmaceutical companies perform time-consuming clinical trials before receiving a marketing authorisation (MA) to put a product on the market, the protection offered by pharmaceutical product patents is often reduced by five to 10 years. This reduces the benefits from an IP monopoly.
  • Due to the adoption of TRIPs, several changes were introduced to adapt the Argentine legislation to the Agreement's minimum standards (such as the term of patent protection and the availability of patent rights in all fields of technology, for example).