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  • In view of the changes in the Patent Cooperation Treaty (PCT) that will come into force on April 1 2007, the Intellectual Property Office of Singapore recently issued a consultation paper which proposed concurrent changes to the Singapore Patents Act and Rules on April 1 2007 to align with the changes in the PCT. In addition, there is a repeal of provisions in the Singapore Patents Act dealing with restrictive covenants.
  • On July 21 2006 the Polish Parliament was served with a proposal of changes to the Law on Industrial Property. The proposed changes refer to several aspects of IP protection in Poland, including procedural regulations regarding litigation proceedings before the Polish Patent Office. The potential implementation of the proposed changes will have a significant impact on the regulations concerning the provision of evidence in litigation proceedings before the Patent Office.
  • A recent decision of the Court of Appeals (CA) has sent some shock waves among IP lawyers in the Philippines. On June 4 2001, In-N-Out Burger Inc, a US corporation, filed an administrative complaint for unfair competition with damages before the Intellectual Property Office of the Philippines (IPPhil) against Sehwani Inc, owner of the Philippine registered trade mark In N Out, and its licensee Benita's Frites. On December 22 2003, the Bureau of Legal Affairs (BLA), the adjudicating body of IPPhil, issued a decision, which declared In-N-Out an internationally well-known mark owned by In-N-Out Burger. It cancelled the registration of Sehwani for the identical trade mark but held that there was no unfair competition. The Court agreed that Sehwani had used the mark in good faith and so denied the claim for damages. Both parties appealed the decision to the Director General of IPPhil, who modified the decision of the BLA by declaring the existence of unfair competition, and awarding damages of P1.2 million ($24,000) to In-N-Out Burger Inc.
  • September 6 2006, marked the 60th anniversary of the Korean Patent Attorneys Association (KPAA). Distinguished guests, including Korean Prime Minister Han Myung-Sook, reflected on the valuable contribution IP has played in the progression of Korea's economy, while distinguished members of the KPAA, such as Manho Song, received awards for their continued contribution to the development of IP in Korea.
  • It is a common refrain in the international business community that India has a poor track record of IP enforcement. However, if a recent decision of the Delhi High Court is anything to go by, weak IP enforcement is a thing of past. This is because the Delhi High Court awarded punitive damages in a copyright infringement case and held that the defendants will not be let off with merely an award of compensatory damages against them.
  • A number of recent Australian cases have narrowed the ability of traders to claim a monopoly in a pure colour for use as a trade mark.
  • On January 1 2006 a new obligation law introducing non-material damages in Croatian court procedures came into force. The law for the first time provides legal entities with an opportunity to claim non-material damages based on injury to their personal rights in court procedures.
  • New rules on electronic discovery are about to come into force for all federal courts in the US. Steven M Gruskin and Carl J Pellegrini of Sughrue Mion, PLLC explain how they will affect potential litigants
  • Patents incorporating use claims pose many challenges to patent examiners. Carlos Pacheco and María Milagros Nebreda of Hoet Peláez Castillo & Duque review the most recent rulings in Venezuela and beyond