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News & Analysis

Court decides on cases concerning a claim term mistake and utility

31 August 2018 by Managing Intellectual Property

The decision of the Full Federal Court in GlaxoSmithKline (GSK) Consumer Healthcare Investments (Ireland) (No 2) Limited v Generic Partners Pty Limited (2018) FCAFC 71 (May 10 2018) indicates that a mistake in a claim cannot be ignored even where the skilled person understands that a mistake has been made.

News & Analysis

SPC issues draft provisions on patent examination and validity

02 July 2018 by Managing Intellectual Property

On June 1 2018, the Supreme People’s Court of China (SPC) issued Provisions on Several Issues in Adjudicating Patent Granting and Affirming Administrative Cases I (the Draft Provisions). The general public can submit its opinions and comments by July 1 2018.

News & Analysis

Supreme Court examines patent infringement case concerning the limitation period

02 July 2018 by Managing Intellectual Property

The general limitation period for juridical actions in Austria is 30 years. However, particular laws can stipulate shorter or longer limitation periods.

News & Analysis

Grand justices issue interpretation concerning doctrine of recusal

02 July 2018 by Managing Intellectual Property

Taiwan’s Council of Grand Justices issued Interpretation No 761 on February 9 2018, addressing the issue of whether or not judges and technical examiners at the Intellectual Property Court (hereinafter referred to as IP Court) are obliged to abide by Article 19.3 of the law on administrative litigation.

News & Analysis

Registration no longer constitutes legitimate use defence in Turkey

02 July 2018 by Managing Intellectual Property

Turkey has welcomed the new Intellectual Property Code (the IP Code) numbered 6769. This came into force on January 10 2017.

News & Analysis

Examining the droit moral of integrity

02 July 2018 by Managing Intellectual Property

In Mexico, droit moral is attached to the author and is inalienable, does not expire, cannot be waived and cannot be encumbered. The author and his/her heirs can enforce this right.

News & Analysis

Kenyan authorities propose changes to the ACA and IPA

02 July 2018 by Wayne Meiring

The Kenyan authorities have published a bill, the Statute Law (Miscellaneous Amendments) Bill 2018 (the Bill), which proposes significant changes to two pieces of IP legislation.

News & Analysis

Court awards compensation to Acteon for nullity proceedings

02 July 2018 by Managing Intellectual Property

In a recent ruling by the Court of The Hague (ECLI:NL:RBDHA:2018:4591) a defendant/patentee has been ordered to pay the costs of nullity proceedings brought against it, despite not wishing to maintain or assert its patent.

News & Analysis

Court rules that single colour cannot be trade mark

02 July 2018 by Managing Intellectual Property

In the case of Christian Louboutin SAS v Abubaker & Ors, a single judge of the Hon’ble Delhi High Court summarily dismissed a trade mark infringement and passing off suit on May 18 2018, without issuing summons to the defendants, holding that use of a single colour rather than a combination of colours does not qualify as a mark under Section 2(1)(m) and as a trade mark under Section 2(1)(zb) of the Trademarks Act 1999 (hereinafter the Act).

News & Analysis

How will China’s government reform affect IP in the country?

01 June 2018 by Jing He

China announced a huge government reshuffle programme. The sweeping government restructuring programme was said to be the largest reform since the end of the Mao Zedong era in the 1970s