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Patent exculpatory opinions post-Halo

US28-04-2017Paul J Sutton

When a company receives a letter accusing it of patent infringement, or has been named as a defendant in a patent infringement lawsuit, the reactions of its management can be quite varied. Some will express emotional reactions such as “that patent is invalid and should never have been granted” or “there is no way that we infringe”. While there may ultimately be truth in such beliefs, they provide little value overall.

New rules for word marks

Mexico27-04-2017Daniel Castro

The Mexican Institute of Industrial Property (IMPI) has adopted a new rule of requesting the applicant of a word mark to detail on the application form the letters either all in upper case or all in lower case, or the first letter in upper case and the rest in lower case (as in a typical sentence).

The highs and lows of compensation

Netherlands27-04-2017Michiel Rijsdijk

The ‘loser pays’ principle has resulted in a variety of compensation awards in patent disputes, from several hundred euros to hundreds of thousands of euros. To create a semblance of predictability on the amounts, guidelines on indicative rates were introduced.

Trademarks: use them or lose them

Turkey27-04-2017Işık Özdoğan and Ezgi Baklacı

Reforms to Turkey’s IP regime have expanded the circumstances in which a party can demand that a trademark owner prove use of a disputed mark. Until now, trademark owners could launch oppositions or lawsuits without having to consider addressing a non-use counter-claim. Therefore, trademark owners should now be more careful than ever in Turkey when challenging trademarks or infringing use.

Effective enforcement remedies

Italy26-04-2017Davide Aldo Falzoni

In Italy, very effective precautionary procedures and remedies are at the disposal of IP owners to ensure a rapid protection of their rights. The remedies include the ability to obtain an interlocutory injunction to stop the alleged infringement and obtain the seizure of products suspected of infringing the rights.

Bayer’s woes with compulsory licences

India25-04-2017Mohan Dewan

Bayer’s woes with the Indian legal system are far from over. In 2011, the pharmaceutical company filed a suit to restrain India-based generic maker Natco from making, importing, selling or offering for sale cancer treatment drug sorafenib, sorafenib tosylate or any other generic version.

The price of being famous

Germany25-04-2017Jens Künzel

Knowledge of recent developments in press law and case law concerning personal rights infringement can sometimes be crucial for the press and individuals.

Setting the rules on ‘establishment’

France25-04-2017Aurélia Marie

Council Regulation (EC) No 207/2009 provides the rules on competence for judicial action, including on violations of rights in a European Union trademark.

New rules for patent examination

China24-04-2017Stephen Yang

The Guidelines for Patent Examination have been amended by the State Intellectual Property Office (SIPO) and took effect on April 1, 2017. Major changes concern examination of business methods, computer program-related claims, supplementing experimental data and invalidation procedure, among others.

The case for IP arbitration

Chile24-04-2017Juan Pablo Silva

For many years there has been an arbitration system in Chile to regulate the granting of internet domains that are in dispute between two or more parties.

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