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News & Analysis

Discount code for unbound London festival 2018

03 July 2018 by Managing Intellectual Property

Meet with start-up founders, entrepreneurs, investors, corporate and brand executives, and thought leaders at unbound London festival
News & Analysis

AG provides an advisory opinion on Article 3(a) of the SPC Regulation

01 July 2018 by Sybille Pfender

At the end of April 2018, Advocate General (AG) Wathelet handed down an advisory opinion regarding the first of three recent referrals to the CJEU (C-121/17). This concerns the interpretation of Article 3(a) of Regulation (EC) No 469/2009.
News & Analysis

Court affirms validity of crestor patent

01 July 2018 by Takanori Abe

Shionogi is the owner of a patent entitled Pyrimidine Derivatives (JP2648897). X filed a request for a trial for invalidation of the patent. Nippon Chemiphar intervened in the trial as a plaintiff, and AstraZeneca UK intervened in the trial in order to support the defendant.
News & Analysis

Court awards compensation to Acteon for nullity proceedings

01 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 clarifies route for correcting mistakes in patent applications

01 July 2018 by Managing Intellectual Property

Following last year’s decision in Novartis (Singapore) Pte Ltd v Bristol-Myers Squibb Pharma Co [2017] SGHC 322, the Intellectual Property Office of Singapore (IPOS) has recently provided clarification on the provisions of the Singapore Patents Act and the Singapore Patents Rules regarding the correction of errors in filed patent applications.
News & Analysis

Court rules that single colour cannot be trade mark

01 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

Examining the droit moral of integrity

01 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

Federal court refuses to suspend TTAB proceedings

01 July 2018 by Karen Artz Ash

Although it is the general policy of the USPTO’s Trademark Trial and Appeal Board (TTAB) to suspend opposition proceedings when the parties to such proceedings become involved in a civil action which may be dispositive of the case, a recent decision issued by the US District Court for the District of Delaware in Tigercat Int’l, Inc. v Caterpillar Inc. indicates that there are circumstances where, conversely, federal courts will stay a litigation pending a TTAB ruling.
News & Analysis

Grand justices issue interpretation concerning doctrine of recusal

01 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

High Court examines case involving two questions referred to CJEU

01 July 2018 by Managing Intellectual Property

In FIL Ltd & Anor v Fidelis Underwriting Ltd & Ors [2018] EWHC 1097 (Pat), it was held that use of FIDELIS for insurance underwriting does not infringe FIDELITY for insurance or financial services.
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