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  • On May 9 2010, Law 66/2010 for the modification and completion of Law 84/1998 regarding trade marks and geographical indications (Law 66/2010 or the Law) entered into force. The Law brings major changes to the trade mark registration and protection system in Romania. Thus, certain steps have been excluded from the registration procedure, while others have been simplified. Also, the period of time for the examination and registration of a trade mark, as well as for challenging the decisions issued in this respect, have been shortened.
  • In the global endeavour to afford protection to geographical indications (GIs), Malaysia has been an active crusader. There are a large number of GIs particular to Malaysia such as Sarawak Pepper, Sabah Tea, Borneo Virgin Coconut Oil and Kelantan Budu (anchovy sauce), to name a few. In 2000, the Malaysian government enacted the Geographical Indications Act, under which registered GIs were given territorial protection for 10 years from the date of filing (renewable every 10 years as long as they are in use). Although registration is not compulsory, it is actively encouraged to protect the interests of producers and consumers. Non-registration does not put the GI in the public domain (available for use by all and sundry) though, of course, in a dispute the court would be inclined to adjudicate on the tort of passing-off in the extended form rather than in the classic form.
  • The revised Korean Trade Mark Act (KTA) will come into effect from July 27 2010. The main contents of the revision are:
  • The Amendment to the Japanese Unfair Competition Prevention Act will come into effect on July 1 2010. This Amendment aims to expand the scope of criminal punishment for trade secret infringement cases.
  • Recently the Delhi High court decided on an important question of law concerning the maintainability of a writ petition under Article 226 of the Constitution of India against an order of the Controller of Patents either allowing or rejecting a pre-grant opposition under Section 25(1) of the Patents Act 1970. The case is UCB FARCHIM SA v Cipla Ltd and Ors and Colorcon Inc v Ideal Cures Pvt Ltd and Ors and Yeda Research and Development Co Ltd v Natco Pharma Ltd and Ors and Eli Lilly and Co v Ajanta Pharma Ltd Ors WP (C) Nos 8393, 12006 and 13295 of 2009 and WP (C) No 332 of 2010 along with WP (C) Nos 8388 and 8392 of 2009. The Court combined the six writ petitions presented before it for determination to clarify the position of law as regards the remedy available to a person against the unfavourable orders of the Controller in pre-grant proceedings.
  • On World IP Day, April 26 2010, key stakeholders of the Indonesian IP community announced the formation of an Indonesian arbitration centre specifically designed to handle intellectual property disputes. The arbitration centre will provide arbitration and mediation services for those with civil intellectual property disputes, which are now handled exclusively by the Commercial Court.
  • The April 2010 edition of the Guidelines for Examination in the European Patent Office has been released and applies from April 1 2010. The Guidelines constitute the EPO counterpart to the Manual of Patent Examining Procedure (MPEP) of the United States Patent and Trademark Office (USPTO).
  • The 20 years since Managing IP was launched have seen great shifts in the global economy, the profile of IP assets and the daily work of IP practitioners. James Nurton introduces a look back – and forward
  • Key events year by year 1990 October: Biggest patent damages award
  • • Lawsuit boost for Microsoft in its piracy battle in China Microsoft has won its first big victory against a Chinese company using unlicensed software. The Shanghai Pudong New Area district court ordered Dazhong Insurance to pay Rmb2.17 million ($318,000) for using illegal copies of Microsoft software in a ruling on April 22. The win, now under appeal, validates the Seattle firm's push to target large companies in China that are infringing its copyright. According to the Business Software Alliance, China is the second largest market in the world for personal computers (PCs) but only the 10th largest for PC software.