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In the case of Ho Tack Sien & Ors v Rotta Research Laboratorium SpA & Anor; Registrar Of Trade Marks (Intervener) & Another Appeal [2015] 4 CLJ 20, the plaintiff, who is the registered proprietor of the Viatril-S mark for pharmaceutical products in Malaysia, had succeeded in an action against the defendants in the High Court for infringement and passing off of the plaintiff's mark and obtained an order to expunge the Artril-250 mark from the register. The Court of Appeal affirmed the High Court's decision but set aside the plaintiff's claim for expungement. The court held that notwithstanding that infringement was established, the court could still elect not to allow expungement of the Artril-250 mark. The Court of Appeal also held that the Registrar of Trade Marks should be made a party in a rectification or expungement proceeding and the registrar's evidence be heard before the High Court made a finding on the plaintiff's application for expungement.

Many IP and competition lawyers have reacted to last week’s ruling from the CJEU in the Huawei v ZTE case regarding standard-essential patents and FRAND licensing. Here are some key quotes

The Defend Trade Secrets Act has been introduced in the Senate on the same day that a discussion draft of patent box legislation was introduced in the House of Representatives

Drew Hirshfeld, the USPTO’s deputy commissioner for patent examination policy, has been appointed the new commissioner for patents, effective immediately

The UK government will have to review its decision to permit private copying for personal use after the High Court in London quashed the 2014 Copyright Regulations

The 182 inter partes review petitions filed at the Patent Trial and Appeal Board in June was the most since June 2014. The month also saw two more post-grant review petitions as well as the Board instituting the first ever PGR proceedings

Trade mark association MARQUES is running a survey to find out more about its members and other IP professionals, and it closes on July 27

A new report by the EU Observatory on Infringements of Intellectual Property Rights estimates that the sale of counterfeit clothes, shoes and accessories in the EU amounts to 9.7% of the sector’s sales

Managing IP asked Richard Vary, vice president and head of litigation at Nokia, for his views about last week’s decision from the CJEU and its impact on FRAND-related litigation

ARIPO is working to make the Banjul Protocol more effective and preparing for the possibility of a pan-African IP office, as its Director General Fernando dos Santos – one of this year’s MIP 50 - explained