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  • Act 29/2006, of July 26, on Guarantees for and Rational Use of Medicinal and Health Products, which supersedes and repeals the former Medicinal Products Act 1990, was published in the Official State Gazette on July 27 2006. The new Act amends Patents Act Article 52.1, which provides for the exceptions to patent rights, that is cases in which a patent is not effective. The wording is:
  • Counterfeiting is widely seen as a major challenge for IP owners wishing to protect their investment in R&D and marketing in China. The large counterfeiting market is a big problem for brand owners and will most likely remain so for a long time, in spite of the efforts of the Chinese government to strengthen brand owners' opportunities to enforce their rights in China.
  • 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.
  • The Intellectual Property Office of New Zealand (IPONZ) has released guidelines for patent claims covering methods of treatment and Swiss-style claims on its website (www.iponz.govt.nz). They have been issued in an attempt to give applicants some clarity about what may or may not be patentable. In its guidelines, IPONZ has said that each patent application will be considered on its merits and that the guidelines are simply that: guidelines.
  • 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.
  • The National Copyright Administration of the People's Republic of China (NCAC) has launched a public consultation on the imposition of royalties on Karaoke establishments for use of musical works and music videos in their business. The NCAC has generally approved the centralized collection of royalties by the Music Copyright Society of China () and the China Audio & Video Collective Administration Association (in preparation) (). The proposed tariff is Rmb12 ($1.50) for one room for one day. The consultation will close on September 20 2006.
  • On June 12 2006 a new Industrial Property Code came into force in Mozambique. This article focuses on the main changes brought about by the Code in respect of trade marks, and the consequences of counterfeiting and other infringements of various rights.
  • 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.
  • Oscar M Becerril of Becerril, Coca & Becerril, SC explains that parties to technology licensing agreements in Mexico are generally free to act without government intervention. But, he adds, close attention should be paid to the anti-trust law, especially in agreements that do not include patents or copyright
  • The ECJ dealt a deadly blow to cross-border patent litigation in two long-awaited decisions handed down in July. But in his review of the state of multinational patent litigation in Europe in the wake of the rulings, Reinhardt Schuster concludes that forum shopping may not be so bad for litigants