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  • China’s IP office has released new guidelines that include a reduction in restrictions on software patents. Observers say it is not clear how big an effect it will have in practice
  • The 2017 IP Stars patent rankings are now available for all readers to see
  • A Patent Trial and Appeal Board finding of unpatentability for obviousness based on two prior-art references in Personal Web Technologies v Apple has been remanded because “the Board did not adequately support its findings”
  • The Federal Circuit has concluded “the patent at issue is outside the definition of a CBM patent that Congress provided by statute” in its Secure Axcess v PNC Bank National Association ruling. Judge Lourie wrote a dissent, backing up the PTAB’s determination
  • Judge Sleet of the District of Delaware has dismissed Genentech’s biosimilar complaint against Amgen for lack of subject matter jurisdiction, and granted 45 days for an amended complaint to be filed
  • Natalie Rahhal analyses the issues at stake when the US Supreme Court hears the biosimilars dispute between Sandoz and Amgen later this year
  • On January 12 2017, the Ho Chi Minh City Court rendered a ruling in favour of a major Silicon Valley high-tech company. This ended a lengthy dispute between the company and a Vietnamese entity over the latter's unauthorised use and registration of a company name and a domain name which incorporated the former's registered trade mark. To the delight of the US company, the court resolved the dispute in an expedient 55 days. The brand owner's course of action provided a useful test of new regulations on domain name and company name disputes.
  • The Supreme Court of Thailand recently reaffirmed the test for distinctiveness in regard to trade marks, in a positive decision that will hopefully provide brand owners with better prospects for successfully arguing before the Thai Trade Marks Office and Appeal Board that their distinctive word marks should be registrable.
  • The Sixth Circuit Court of Appeals, in the case of Lee Jason Kibler, d/b/a DJ Logic v Robert Bryson Hall, II, et al, issued a ruling which set forth several instructional tips on the value of marketing through social media channels in seeking to demonstrate the strength of a trade mark.
  • The new Industrial Property Code entered into force in January 2017 and repealed Decree Law No 551 on Patents and other decree laws pertaining to IP rights. The new Industrial Property Code only brings a few changes to the Decree Law previously in effect. One of the changes brought by the new Code is that, similar to the European Patent Convention to which Turkey is a party, a post-grant opposition system has been introduced. Accordingly third parties may oppose against the grant of the patent within six months of the publication of the grant decision in the Official Bulletin. Under the now repealed Decree Law, third parties were only allowed to comment on the search report on patent application within six months of publication of the search report.
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