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  • On February 15 2007, the State Council of China promulgated the Commercial Franchising Administration Regulations which will come into force on May 1 2007. The following are the salient features of the Regulations:
  • A party that obtains a temporary injunction that turns out to have been unjustified has to indemnify the opposing party for all economic loss due to this temporary injunction. This is an absolute liability irrespective of any fault. In IP matters, a temporary injunction is unjustified where, for example, the main proceedings result in the IP right in question being declared invalid or non–existent or where no infringement is found. The losses are due to this injunction if sales or other acts such as advertising had not been made because the injunction was obeyed. These losses comprise the full amount of the attorneys' costs in relation to the suit, all sales losses and all costs spent in regaining the previous market share.
  • Are factory raids the answer to dealing with counterfeiting in China? Ray Tai, assistant general counsel for intellectual property at adidas, thinks not. Here he offers some practical advice for keeping your key markets counterfeit-free
  • There have recently been numerous changes to Australia's Trade Marks Act affecting trade mark oppositions, removal proceedings, Customs notices, renewals, divisional applications, series applications and third party rights. The following is a brief synopsis of some of the most important changes.
  • The Argentine Customs Authority has recently issued Resolution 2216 by which a new Registry of Intellectual Property Rights is created within Customs. Trade mark owners will now be able to register their trade marks at Customs and receive notice of any imports or exports of goods marked with those trade marks.
  • Peter Ollier, Hong Kong
  • The courts have yet to resolve when or if search terms used to drive traffic to ad-sponsored sites should be considered trade mark infringement. Jonathan Moskin examines this issue in the context of recent cases
  • Three countries in central Africa are preparing new industrial property legislation. Burundi and Rwanda recently issued projected, consolidated statutes and in Uganda fresh attention is being given to a 2004 Trade Marks and Service Marks Bill. Trade marks are the most important IP rights in the region so this article concentrates on the relevant sections of the Rwanda and Burundi drafts; the Uganda proposals are limited to that field.
  • MIP's second annual Awards Dinner was held at Claridge's in London last month, with more than 250 guests coming from as far away as Australia, Japan, Argentina and Chile