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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.

Peter Ollier, Hong Kong

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

Emma Barraclough, London

Shahnaz Mahmud, New York

The rise of the internet has spawned a lucrative trade in counterfeit goods. But as an investigation launched by Burberry shows, careful online monitoring can trap the sellers, says Emma Barraclough

Recent conflicts between patent owners and third companies, in particular generic pharmaceutical companies, require the evolution of the Patent Law in Portugal to be considered.

In Radio Today Broadcasting Ltd v Indian Performing Rights Society 2007 (34) PTC 174 (Cal), Radio Today Broadcasting, the petitioners, plan to run a radio station through the FM band with the name Radio Today. They applied for a licence from the central government and also secured a provisional licence. The petitioners' intent is to play both film and non-film songs on this proposed station. The dispute arose due to the fact that Radio Today was not willing to pay royalties to the Indian Performing Rights Society (IPRS) and IPRS in turn threatened to bring a legal action for infringement of copyright.

On February 16 2007 the Lower District Court of Düsseldorf decided a trade mark case in an interlocutory injunction procedure regarding the use of the trade mark Oral Fixation for mint products.

About one year ago Russian Customs drastically intensified its efforts in intercepting the illegal transit of goods across the border. Spurred by the World Customs Organization, the Russian Customs will make the year 2007 the year of combating counterfeiting. There are many reasons for that. The Russian Customs acknowledge that intellectual property rights infringement is the most frequent occurrence among economic offences. According to the Customs, the most frequently stopped goods at the border are confectionery, sports clothes and shoes, perfumes and household chemistry. This means that trade mark infringement is the biggest problem. Competing with trade marks are copyrighted products, such as DVDs and Cds. Piracy of videocassettes is becoming less frequent due to the dwindling demand for video tape gadgetry.