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  • Pharma companies in Europe should reconsider their antitrust risk following a ruling by the Court of Justice this morning
  • IP owners should be wary of anti-monopoly concerns when doing business in China, Baker & McKenzie partner Clara Ingen-Housz warned this week
  • Surprise announcement after US election Kappos "strongest leader in at least a generation" Robert Armitage suggested for the job USPTO director David Kappos surprised the IP community last month when he announced he would step down from his post in January. He was quickly lauded as one of the most successful directors the Office has ever had.
  • In the luxurious Ceylan Intercontinental hotel in Istanbul this month, nourished throughout by strong coffee and Turkish delight, trade mark practitioners discussed "advanced anti-counterfeiting strategies". Meanwhile, across the Golden Horn, at the city's Grand Bazaar, traders were doing a brisk trade in the sale of fake handbags, trainers, sportswear and sunglasses – many of them imported from China and sold at competitive prices to tourists from western Europe.
  • Positive response to Rolfe report on AIPPI Judges compare FRAND practice Four new resolutions passed Robin Rolfe pitches her report Change is on the cards for AIPPI, if the reception given to the Robin Rolfe Report at the Congress in Seoul is anything to go by.
  • Premier Xi Jinping Enforcement minister relegated Concern over Tian Lipu's retirement Most legal reforms should stay on track In November new leaders of the world's two biggest economies were elected. While Barack Obama in the US is a known entity, the impact of China's Xi Jinping coming to power is less predictable. But the leadership shake-up has already seen a series of promotions that could affect the way that China handles intellectual property.
  • The Austrian Supreme IP Tribunal recently sent some questions to the Court of Justice of the EU (CJEU) in Luxemburg to clarify aspects of the requirements under which a trade mark becomes generic.
  • Belgium has a useful tool against IP infringers: descriptive seizures. By means of an ex parte request to a competent Court of Commerce, IP owners can obtain allowance for such a seizure. The only evidence that is needed is a proof of existence of the IP right and some evidence that there is a prima facie suspicion of infringement. The court will in nearly all cases allow the descriptive seizure and then appoint an expert who – without any advance warning – will show up on the doorstep of the alleged infringer, accompanied by a bailiff and sometimes the police, with a court order granting him access to the premises for a description of products or manufacturing processes that may be present.
  • The treatment of design and copyright varies substantially between countries, with much of it driven by jurisprudence rather than legislation. Attorneys in six jurisdictions offer their advice
  • Retired judges criticise the AIA How to share a trade mark The PTAB pitches for your work Chief Administrative Patent Judge James D Smith One of the most popular sessions at this year's AIPLA annual meeting involved three retired patent judges debating the merits of the America Invents Act. The session was so packed that the roughly 1,000 attendees overflowed into the hallways. The panel included former Chief Judge of the US Court of Appeals for the Federal Circuit Paul Michel, former Administrative Patent Law Judge on the USPTO's Board of Patent Appeals and Interferences, Judge Nancy Linck, and Judge Joseph Farnan, who retired from the US District Court for the District of Delaware. All three judges were frank in their criticism of the America Invents Act, which Farnan said includes "eye wash, feel-good" remedies for the courts. "This Act is a lot about reining in certain types of patentees, but it doesn't take a broad brush to reforming the system," said Farnan. "In district courts, it's going to be a lot more litigation and confusion," he added.