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  • Last March Korea's National Assembly Committee on Culture, Sports, Tourism, Broadcasting & Communications passed a bill to amend the country's copyright laws to include a so called "three strikes" law to ban illegal uploading of copyright works of others. Despite a great deal of anxiety by many over the passage of the bill, especially from the online community, the revised copyright law came into effect on July 23 this year.
  • A generic drug is a drug in which the patent term relating to the active ingredient has expired. Under the Pharmaceutical Affairs Act, the approval of the Ministry of Health, Labour and Welfare (the MHLW) is required for any manufacture and marketing of drugs, and as a matter of course, the same rule would be applicable to generic drugs. Although the application procedure for the approval of generic drugs is easier than that for the approval of new drugs, generic drugs are subject to certain restrictions.
  • On September 3 2009 the European Court of Justice (ECJ) gave its ruling in Case C-482/07 on prejudicial questions regarding the interpretation of Regulations (EEC) No 1768/92, concerning Supplementary Protection Certificates (SPCs) for medicinal products and Regulation (EC) No 1610/96, which concerns SPCs for plant protection products.
  • The High Court of Kuala Lumpur has, in a recent decision of its own, considered whether it has the powers to rectify the Trade Mark Register in an action to expunge a trade mark by unlawful proprietors.
  • The topic of parallel imports, and the difference between international and national/regional exhaustion of rights in various jurisdictions, is a perennial favourite with Managing IP. Readers have enjoyed the adventures of IP owners and importers in Australia (Ralph Lauren, May 2008), Russia (Porsche, March 2009), France/EC (Dior, April 27 2009), DR/CAFTA (Supplement – Brand Management Focus 2009) and China (Supplement – China Focus 2009).
  • Argentine Trademark Law protects both products and service marks. Under the Law, the ownership of a trade mark and the right to the exclusive use thereof are acquired by registration in accordance with Section 4 of Law 22,362 (trade mark law), which has adopted the attributive system. Consequently, if there is no registry of a trade mark, there is no right thereto.
  • Indications are that the Commercial Court is relaxing its very strict evidential rules, making it easier for trade mark owners to delete unused pirated marks.
  • Legal uncertainties over whether it is possible to cancel domain names formed by using the names of others has now been clarified. In two decisions regarding domain names for websites that criticise the activities of the names' owners, the Austrian Supreme Court has made clear rulings.
  • Software developers in my company are increasingly using open source software. What are the main IP issues we need to consider when using open source software and are there any risks involved?
  • A US court has rewritten the standard for determining whether a trade mark applicant has committed fraud before the USPTO