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Several rules have been applied to comparative advertising, for example competition law rules which regulate unfair competition (Section 159 of the Argentine Criminal Code, Section 10 bis of the Paris Convention), and trade mark-related rules.

In its decision of January 27 2015 Côte d'Or vs Belgid'Or, the eighth chamber of the Brussels Court of appeal had to rule on different Kraft Foods trade marks and the possible infringement thereof by Natrajacali.

Article 26.3 of the Chinese Patent Law specifies a sufficient disclosure requirement: "the description shall set forth the invention or utility model in a manner sufficiently clear and complete so as to enable a person skilled in the relevant field of technology to carry it out." However, there was a great deal of controversy in Chinese patent practices concerning whether or not the State Intellectual Property Office (SIPO) had correctly interpreted this provision for medical inventions, especially the so-called "compound invention", which is an invention simply directed to a compound itself, not to the potential pharmaceutical usage of the compound.

Pacogi Netherlands filed a Benelux trade mark application for the mark shown in figure 1. Balenciaga was not happy about it and filed a formal opposition with the Benelux Office for Intellectual Property (BOIP). The opposition was based on the prior rights in the wordmark Balenciaga and the device mark (figure 2).

Managing IP held the US Patent Forum in Silicon Valley this week. Here are some points of interest from the event, including discussion of the ITC tightening the scope of its jurisdiction and a defence of the right for anyone to file an IPR (even a hedge fund)

In a spirited discussion at Georgetown University earlier this week, Judge James D Smith of the PTAB and other speakers weighed in on the state of AIA post-grant proceedings and what the future holds

The Patent Trial and Appeal Board cancelled a far higher percentage of claims in inter partes review final written decisions during February this year than the average for all IPRs decided to date, according to Finnegan

China's IP system continues to evolve in new and surprising ways. Though the National IP Strategy has been in effect since 2008, the strategy entered its second phase in 2013 to focus less on eye-catching growth like patent filing statistics to more sustainable development such as improving patent quality and the nurturing of commercially successful research and world-renown brands. Other developments, such as the new specialised in IP courts in Beijing, Shanghai and Guangzhou, are further evidence of the continuing evolution of the National IP Strategy.

Xia Zheng of AFD China examines the status of utility model patents in China after a series of amendments to the Chinese Patent Law

Frank Liu of Chang Tsi & Partner discusses whether the court located in the place of receipt has jurisdiction over trade mark infringement cases