The Intellectual Property High Court in Tokyo recently heard the case of Perfetti Van Melle S. p.A. v Rakuten Co. Ltd. The court addressed the issue of whether Rakuten, a website organised like an “internet mall”, having numerous independent stores and dealers, could be liable for trademark infringement committed by those stores. The court dismissed the claim and held that Rakuten was not liable because the company removed the infringing goods within a reasonable time after learning of the infringement.
However, the court found that the threshold test for finding the administrator of an internet mall liable depends on whether the administrator receives commissions from the shops, has power or control over the shops and knows or should have known of the existence of trademark infringement byt he shops. If the test is satisfied then the administrator can be held liable for trademark infringement and subjected to pay damages and an injunction can be imposed.
Malaysia Intellectual Property Corporation implemented the Copyright (Voluntary Notification) Regulations 2012, which became effective on 1 June 2012. This new regulations allows authors to claim authorship which can be affixed to a physical or digital media for the following:
a. literary work;
b. artistic work;
c. musical work;
e. sound recordings;
f. broadcasts; and
g. derivative work.
The Intellectual Property Office of New Zealand (IPONZ) in May 2012 issued a discussion document relating to the trademark law amendments required to implement the Madrid Protocol system. For more about this system go here.
Once implemented, filing can be done through IPONZ and an international registration designating the number of territories in which the registration should extend. An applicant will therefore acquire a bundle of rights, consisting of an international registration and protection in one or more designated countries. It is expected that this system will go live in December 2012.
The Singaporean Parliament passed amendments to the Patents Act and other Intellectual Property related Acts on 14 May 2012. The amendments will become effective on a date to be selected by the minister.
Singapore is positioning itself to become the IP hub of Asia and these amendments it is believed will help it to do just that. You can read more about the amendments here.