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France: New Administrative Authority in Charge of Fighting Internet Piracy Begins Operations

(Nov. 4, 2010) France's newly independent administrative authority, the High Authority for the Distribution of Works and the Protection of Rights on the Internet (Haute Autorité pour la diffusion des oeuvres et la protection des droits sur internet, HADOPI), whose mission is to fight Internet piracy, recently sent to Internet access providers its first requests […]

South Korea: Special Judicial Police Squad Launched for War on “Knockoffs”

(Oct. 15, 2010) On September 8, 2010, the Korean Intellectual Property Office (KIPO) launched the Special Judicial Police Squad to more effectively crack down on counterfeit goods, so-called “knockoffs,” and trademark offenders. While proud of its fourth ranking in terms of the number of applications for both domestic industrial property rights and international patents, South […]

Israel: Accession to Protocol on Registration of Marks

(Sept. 15, 2010) On May 31, 2010, the Government of Israel deposited with the Director General of the World Intellectual Property Organization (WIPO) its instrument of accession to the Madrid Protocol Concerning the International Registration of Marks (Protocol) (Protocol text, WIPO website (July 30, 2010), Israel is the 85th member of the WIPO-administered international […]

India: Proposal to Tighten FDI Investment in Pharmaceuticals Through Use of Compulsory Licensing

(Sept. 1, 2010) A discussion paper made public on August 24, 2010, by India's Department of Industrial Policy and Promotion (DIPP), under the Commerce and Industry Ministry, seeks public comment, through September 30, on issues of compulsory licensing (CL) and certain other government response options related to ensuring the availability and affordability of critical drugs […]

World Intellectual Property Organization: Nonbinding Recommendations for Improvement of Patent Cooperation Treaty

(June 30, 2010) Members of the World Intellectual Property Organization (WIPO), at a meeting of the WIPO Patent Cooperation Treaty (PCT) Working Group held on June 14-18, 2010, endorsed nonbinding recommendations to improve the Treaty's functioning that are set forth in a 66-page report prepared by the WIPO Secretariat. The aim of the measures is […]

European Union: Decision on Jurisdiction over Benefits from Resales of Art Works

(May 19, 2010) The European Union Court of Justice recently considered the issue of resale rights of the works of the painter Salvador Dali. Resale right is an intellectual property right permitting the creator and those entitled under the terms of his will to receive a royalty based on the sales price received for any […]

European Union: Conflict Between Anti-Counterfeiting Trade Agreement and Privacy Rules

(Apr. 21, 2010) On February, 22, 2010, Peter Hustinx, the European Data Protection Supervisor (EDPS), an independent authority that plays an advisory role to the European Commission, issued an opinion regarding compatibility between the Anti‑Counterfeiting Trade Agreement (ACTA) and European Union (EU) rules on privacy and data protection. The EU, with other Member States of […]

Namibia: Industrial Property Bill Proposed

(Apr. 19, 2010) On April 6, 2010, Tjekero Tweya, Deputy Minister of Trade and Industry, introduced the Industrial Property Bill in the Namibian Parliament for floor action. The bill is intended to replace the fragmented legislation currently in place (including the Trade Marks in South West Africa Act (No. 48 of 1973), the Patents Act […]

China: Regulations on Customs Protection of IPR Amended

(Apr. 14, 2010) The State Council promulgated amended Regulations of the People's Republic of China (PRC) on Customs Protection of Intellectual Property Rights on March 24, 2010. The revisions affect articles 11, 23, 24, 27, and 28 of the 2004 Regulations. The amended Regulations entered into force on April 1. (State Council Decision on Amending […]

Iceland: Injunction Against File-Sharing Website Upheld by Supreme Court

(Mar. 9, 2010) On February 11, 2010, the Supreme Court of Iceland upheld an injunction imposed in November 2007 against Istorrent (, the country's largest torrent (file-sharing) website, and its operator, Svavar Lúthersson, and ordered Istorrent to pay ISK700,000 (about US$5,415) to the plaintiff for litigation costs. The website reportedly facilitated distribution of music and […]