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  • The Taiwan IP Court has been in operation for almost seven years since its establishment in July 2008. At its inception, it was expected that this special court would provide a professional and efficient system of adjudicating IP-related disputes in Taiwan.
  • In Shammas v Focarino, the US Court of Appeals for the Fourth Circuit issued a decision that raises significant issues for trade mark applicants to consider when determining whether to appeal a refusal by a PTO examiner.
  • Hsu Wei-Fu of MediaTek speaks to Managing IP about why trade secret protection is so important for his industry and how he helped to usher in Taiwan’s trade secrets law
  • What legal actions may a trade mark owner start if they suspect infringement in Argentina?
  • The Beijing Higher People's Court (BHPC) recently issued a decision in favour of Apple Inc, leading to the invalidation of a local Chinese technology company's invention patent which was asserted against Apple's Siri service in China. The Supreme People's Court has recently accepted a petition for retrial filed by the patent owner Shanghai Zhizhen Internet Tech Co, Ltd, which may have sufficient merit to give the patent owner another shot.
  • Pursuant to the Royal Decree of December 19 2014, Articles XI.104 to XI.162 of Book XI of the Code of Economic Law dealing with plant variety rights will come into force on July 1 2015.
  • In early 2015, a European pharmaceutical company that sells a globally well-known pain relief drug discovered a drug with the same active ingredient and a similar name circulating on the Vietnamese market. In what the European company believed was a clear instance of palming off, the drug's packaging also used colours and design elements similar to the packaging of the well-known drug. However, pursuing a trade mark infringement charge was a dead end, as the Vietnamese drug's name had already been successfully registered as a trade mark.
  • Over 200 years Vlisco, a Dutch company, designed spectacular patterns which are used on fabrics and in fashion accessories. These fabulous colourful fabrics are designed at its head office in the Netherlands and are very popular in Africa, but are also sold in Europe. Likewise, a fashion label of an Italian-Haitian fashion designer, SJ, has gained fame with its remarkable, colourful and richly decorated fabric patterns. Its collection is shown on the catwalk of Milan fashion week and sold via its website in which reference is made to several retail outlets.
  • In ZITRO IP Sàrl v Office for Harmonization in the Internal Market (OHIM) (case T-665/13, January 29, 2015), the General Court agreed with the Board of Appeal of OHIM that the figurative mark Spin Bingo was not similar to the earlier Community word mark Zitro Spin Bingo, thus, rejecting the opposition under Article 42(5) Community Trademark Regulation 207/2009 (CTMR).
  • The Supreme Court has given a new and unique ruling on the interpretation of product-by-process (PBP) claims.