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  • The revised version of the Implementing Regulations on Customs Administrative Punishment, which took effect on November 1 2004, once again gave Customs the power to fine exporters and importers for infringing IP rights. The maximum fine that Customs can levy is 30% of the value of the infringing goods. In serious cases, the traders face criminal penalties. The new amendment has no retrospective effect.
  • In case C-192/03 P Alcon Inc v OHIM, the European Court of Justice (ECJ) had the opportunity to rule on the cancellation of a CTM registration for the first time since CTM filings began in 1996. Its ruling, therefore, casts some light on the pertinent provisions of CTM Regulation 40/94 (EC).
  • In November 2004 an article in MIP highlighted some of the problems with the new .eu domain regulations. Here, Claire Morrissey examines the likely demand for .eu and considers the benefits for rights owners
  • The European Commission has bucked international trends by proposing fee reductions of up to 30% for Community trade mark applications. But not everyone is pleased with the plans. James Nurton reports
  • As part of its internationalization process, Chile is due to introduce reforms to its IP laws to bring them in line with the requirements of the TRIPs Agreement. Eduardo Molina and Sergio Amenabar explain what the changes will mean for rights owners
  • Trade in counterfeit goods is a grim global phenomenon. Complex, fast moving and sophisticated, it demands an increasing awareness worldwide. This awareness is changing the IP landscape in Canada.
  • An IP policy is an essential component in protecting your intangible assets - yet many companies say they do not have one. In-house counsel tell MIP why IP policies are needed and how to draw them up. By Stephanie Bodoni
  • US: An en banc panel of the Court of Appeals for the Federal Circuit heard arguments in Phillips v AWH Corp on February 8. The final ruling could determine how trial courts interpret claim construction in all future patent cases. A decision is expected in early 2006. US: The head of Hewlett-Packard's Linux programme urged open source developers not to ignore software patents. Martin Fink, vice-president at Hewlett-Packard, told an audience at the LinuxWorld Conference and Expo that "refusing to patent one's ideas is leaving oneself exposed for absolutely no good reason". US: Microsoft and Nokia signed a deal which will see Microsoft software installed on Nokia's phones. The agreement will allow customers to transfer songs from computers to mobile phones, and also download music from their phones to computers using Microsoft software. US: Fashion company Cartier won a $594 million judgment in a New York district court, after a two-and-a-half year prosecution using private investigators and a paper trail targeting main suppliers, rather than the makers or sellers of counterfeit goods. The company claims the payout is the largest made in a counterfeit case anywhere in the world.
  • Sam Mamudi, New York
  • Taiwan's 2004 achievements in IP TIPO completed revision of Examination Guidelines for Patents, Examination Guidelines for Three-dimensional, Sound and Colour [trade marks] and Examination Guidelines for Likelihood of Confusion - all published for patent and trade mark examiners in the hope of improving examination quality. The Copyright Act was amended in September, broadening copyright protection to the digital world. The Integrated Enforcement Task Force was reorganized and renamed the IPR Police on November 1. On November 23, the IPR Police raided a warehouse, seizing more than 10,000 counterfeit clothes items with a value of $937,500. The director-general of Customs held three nationwide workshops from October to December, educating more than 100 customs officials on IP inspection skills. On June 8, at the Judicial Yuan's Senior Officers meeting it was decided that a dedicated IP court would be created in Taipei's Shilin District. Plans detailing the court's establishment are being formulated. One of Taiwan's most senior IP figures has set out a far-reaching plan to strengthen the country's rights framework, and offer owners greater protection and enforcement measures.