Managing IP Correspondent

Spain: Strategies for plant protection

The tension in the relationship between patent rights and plant breeder's rights (PBR) is widely known. Recently, some EU member states have opposed the decision taken by the Enlarged Board of Appeals of the European Patent Office (EPO) in cases G2/12 and G2/13 .

Managing IP Correspondent, February 22 2017

The Netherlands: Court rules on remedies for contributory infringement in Europe

A Dutch court issued decisions in two court actions that illustrate the remedies that are available from the Dutch courts in cases of contributory infringement. The court found that it had jurisdiction to issue a preliminary injunction on offering and supplying a contributorily infringing product inside and outside the Netherlands, also against a non-Dutch party. The patent acts throughout Europe were essentially identical on contributory infringement. However, the court held that patent law excluded an injunction on holding a contributorily infringing product in stock.

Managing IP Correspondent, February 22 2017

Argentina: Actions for recovery of IP rights

As explained in previous briefings, the new Civil and Commercial Code includes a series of rules referring, either directly or indirectly, to intellectual and industrial property matters which we have already reviewed in detail.

Managing IP Correspondent, February 22 2017

The Philippines: Application of the doctrine of equivalents

The doctrine of equivalents is provided under Section 75.2 of the IP Code of the Philippines (Republic Act 8293). However, in deciding actions for patent cancellation and infringement, the Intellectual Property Office (IPOPHL) as well as the Supreme Court rely for the most part on American case law. The recent patent infringement case of Eddie T Dionisio v Visita International Phils, Inc and Lal K Tulsiani (IPV No 10-2013-00034, July 28 2016) citing a cancellation case also between the parties shows this.

Managing IP Correspondent, February 22 2017

China: Trade marks: Draft Ecommerce Law issued

On December 26 2016, the Standing Committee of the National People's Congress (NPC) issued the first draft of China's first Ecommerce Law, with an invitation for public comment within 30 days.

Managing IP Correspondent, February 22 2017

Mexico: Substitution by a posterior international registration

In accordance with Article 4bis (1) of the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, a national registration can be replaced by its posterior international trade mark registration. This provision concerns the situation where a trade mark that is subject of a national registration is also subject of an international registration designating the same country and applies when both registrations stand in the name of the same person and cover identical goods or services.

Managing IP Correspondent, February 22 2017

Managing IP Correspondent

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