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  • Recently, the Court of Justice of the EU (CJEU) decided on yet another referral on the interpretation of Regulation 1768/92 EEC, which established supplementary protection certificates (SPCs). In the specific case (C-125/10, Merck Sharp & Dohme v DPMA), the Court had to comment on SPCs with negative duration.
  • In Taiwan, an invention for an article or device may be protected by either an invention patent or a utility model patent. The term of an invention patent is 20 years, but substantive examination may take one-and-a-half to three years. Although the term of a utility model patent is 10 years, since substantive examination is not conducted, a utility model patent generally may be obtained within four to six months of filing. Therefore, some applicants employ the strategy of filing invention and utility model patent applications for the same invention on the same day.
  • Last week Hermès became the latest foreign brand owner to fail to prevent a rival from using a trade mark similar to its own. But could an opinion from China’s Supreme Court help companies in similar situation?
  • One method typically employed by brand owners to develop brand awareness is the consistent use of a particular colour for its products or packaging. The goal is for consumers to see a product or packaging in that colour and immediately make the connection with a particular source. The use of the colour on a product or its packaging can, in turn, come to signify a specific brand.
  • The period of opposition against a granted patent in Norway is nine months. However, after the opposition period has expired, there is a lifelong opportunity for third parties to request an administrative review of a granted patent before the Norwegian Industrial Property Office (NIPO). A request for an administrative review may be requested for any Norwegian patent whether granted by NIPO or EPO patents validated in Norway.
  • Amendments to China’s Civil Procedure Code will give litigants greater flexibility to choose experts and more ways of using expert opinions
  • Companies that want to make claims about the environmental attributes of their products now have a new guide to getting it right from the FTC, the US competition and consumer watchdog
  • WIPO’s hopes of arranging a diplomatic conference next year for a new deal on rules for industrial designs have been dashed after member states agreed to review the progress of work at the 2013 General Assemblies
  • The annual ranking of the leading patent law firms and attorneys across Europe has been published, with changes to watch out for in France, Spain and Germany
  • Smartphone patent battles and the growing prominence of the ITC, as well as lateral moves, have led to changes in the US rankings in this year’s IP survey
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