Twenty cases that will change the way you work

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Twenty cases that will change the way you work

cover-puff.jpg

Managing IP's cases of the year for 2012 includes the annual top 10, plus 10 smaller rulings you might have missed. By Emma Barraclough, Simon Crompton, Peter Leung, Paul Madill, Eileen McDermott, James Nurton and Alli Pyrah

cover.jpg

This has not been a year for blockbuster cases. Even though the volume of litigation remains high, neither Europe nor Asia has thrown up many surprising results. And though the United States has given us Louboutin's red-soled shoes and the first jury trial in Apple v Samsung, both cases covered issues that had been raised the year before.

Rather, 2012 was characterised by a series of cases with important but often subtle points. UsedSoft in Europe and OptusTV in Australia addressed fundamental issues about the future of copyright. Oracle v Google in the US threw up both patent and copyright issues, without any particular one grabbing the headlines.

As usual, we present our 10 biggest cases of the year, which can be accessed from the links below. But we also include a selection of smaller cases that readers might have missed. They often received little mainstream coverage, but settled important points such as the prevention of parallel imports in Russia, or highlighted worrying trends such as Monsanto's loss in Brazil.

The cases were all selected by Managing IP's journalists in London, New York and Hong Kong. Cases could not be nominated and no one could vote for their inclusion.

We welcome comments on the cases. Please use the comment button at the top of the page, or join us on Twitter (@ManagingIP) to join the debate there.

The 10 cases of the year

A fillip for the EU pharmaceutical sector

Relief for trade mark owners in red sole saga

Australian TV streaming service held to be illegal

Smartphone war hits front page in the US

Liberalising the EU’s software market

India allows parallel imports

Victory for fair dealing in Canada

Lacoste loses its trade mark in China

Google prevails in Android attack

EU test case clarifies class headings

Ten you might have missed

Canada: Ambiguous claims can invalidate patents

Russia: Certainty on parallel imports

Italy: TV formats win copyright for the first time

First FRAND cases litigated worldwide

Monsanto loses in Brazil

Data exclusivity backed by Mexican courts

China: A shift over OEM manufacturing

Authors in the US able to reclaim joint copyrights

Germany: Knitted trainers a sign of the future

India: Financial Times loses trade mark

more from across site and SHARED ros bottom lb

More from across our site

Qantm IP’s CEO and AI programme lead discuss the business’s investment and M&A plans, and reveal their tech ambitions
Controversial plans were scrapped by the Commission earlier this year after the Parliament had previously backed them
Lawyers at Spoor & Fisher provide an overview of how South Africa is navigating copyright and consent requirements to improve access to works for blind and visually impaired people
Gillian Tan explains how she balances TM portfolio management with fast-moving deals, and why ‘CCP’ is a good acronym to live by
In the eighth episode of a podcast series celebrating the tenth anniversary of IP Inclusive, we discuss IP Ability, a network for disabled people and carers active in the IP profession
The longest government shutdown in US history froze ITC operations, yet IP practices stayed steady as firms relied on early preparation and client communication
Licensing chief Patrik Hammarén also reveals that the company will rename its IPR business to better reflect its role in defining standards
The acquisition of Pecher & Partners follows the firm’s earlier expansion into litigation to create a ‘one-stop shop’
News of Via Licensing Alliance launching its first semiconductor patent pool and INTA electing a new president were also among the top talking points
Submit your nominations to this year's WIBL Americas Awards by January 23
Gift this article