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  • July saw two orders from two courts in the country, issuing different orders on the same issue of granting John Doe orders. John Doe orders refer to a court granting injunctions on unknown and unlisted defendants. The decisions appear to pose different thresholds for John Doe orders.
  • In its "Filmscanner" judgment, the Bundesgerichtshof (BGH) deals with the question whether parties to a research and development cooperation owe a warranty obligation with regard to a shortcoming in the technical concept which prevents completion of the development. Moreover, the court deals with the treatment of such a conceptual shortcoming in case of divestment of the contractual legal position to a third party, where the decisive question is whether the third party can rescind the purchase agreement due to the failure of the development project resulting from the deficiency of the technical concept.
  • On January 31, 2014, a Mexican applicant, Grupo Bimbo, filed an EUTM application for the three-dimensional mark shown.
  • The number of international patent applications (PCT and European applications) filed before the Greek patent office as receiving office has been steadily rising over the last few years. However this is certainly not the result of an economic growth. On the contrary the country has been in recession and the market has been shrinking over the years.
  • For many years, Australia has allowed omnibus claims, which take the form of "an apparatus substantially as hereinbefore described…". They have been utilised as a last line of defence for patentees when suing defendants.
  • Following the recent MacCoffee decision from the CJEU General Court, Hernán Ríos, Xuefang Huang, Katherine Lai and Coleen Morrison provide a guide to registering trade marks with prefixes and suffixes in Europe, China and North America
  • Vietnam's Ministry of Health is drafting a circular on compulsory licensing for pharmaceutical patents. From the view of protecting and promoting innovation in the industry, it is worthwhile to consider whether this is the appropriate time to introduce such regulations. This circular, a draft version of which has been released for public comment, could create a slippery slope into abuse of the patent system if certain shortcomings are not addressed.
  • In Guthrie Healthcare System v ContextMedia, Inc, the Court of Appeals for the Second Circuit issued a decision regarding the appropriate geographic scope of an injunction in a trade mark infringement case.
  • On February 24 2016, the Ministry of Science, Industry and Technology circulated the draft IP Code on the website of Turkish Patent Institute (TPI). Having passed through various informal and formal consultation stages, the draft IP Code is now in its final enactment stage before the Turkish Parliament and expected to enter into force before the end of 2016.
  • Nowadays, it is common for two or more companies to collaborate in developing certain projects for their common benefit. With the increasing number of companies entering into collaborative innovation, there is more joint ownership of intellectual property in Indonesia. Joint ownership of IP rights often occurs when two or more parties collaborate on a certain project. Each party in the project will then own a certain portion of the work product. The prevailing laws in Indonesia provide no specific guideline with regard to joint ownership of IP rights. Therefore, unless agreed otherwise, each joint owner will own an equal portion of the jointly owned IP rights.
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