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  • In a recent case the Swiss Federal Patent Court had for the first time the opportunity to decide on a patent infringement case under the doctrine of equivalence. Taking into account the German "Schneidmesser" decisions as well as the British Improver questions, the Federal Patent Court concluded that in consideration of legal certainty the long-established Swiss practice needed the addition of a third question for examining whether there is infringement under the doctrine of equivalence or not. Thus the three equivalency questions to be asked in Switzerland in infringement cases where one or several features of the patent claim are not present but have been replaced by other features are now:
  • The latest revision to China’s Trademark Law looks to balance the rights of established brands with those of Chinese entrepreneurs. Loke-Khoon Tan and David Wu examine the most important changes and what they mean for brand owners in China
  • The highest French court (Cour de Cassation) has recently given its ruling in a case related to patent limitation.
  • Patent term extension is available for patents relating to pharmaceutical products (excluding animal drugs) in Taiwan. An extension application should be filed within three months of the date the approval certificate is obtained and at least six months before the patent is due to expire.
  • Who does not know the name Gagarin? The name of the first cosmonaut, who paved the way to the outer space, is known probably to everyone in the world. It's not surprise that some businessmen wanted to ride on this global popularity. A Russian company filed and surprisingly obtained a figurative trademark (number 422186), which features a yellow star and a triangle, and a red tetragon and words.
  • The Gulf Cooperation Council (GCC) comprises six member states: Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, and the United Arab Emirates. While most of these countries have separate national laws which regulate IP protection, the GCC has introduced unified IP laws for the whole region that are congruent with the domestic policy objectives and needs of each GCC country.
  • No biosimilar producers have made use of an accelerated US approval pathway introduced in 2010, and now the first case has found against a biosimilar for Enbrel. George Yu and Jason Harp explain where this leaves the industry
  • In October 2013, the Controller General of Patents rejected M/s BDR Pharmaceuticals International's application seeking a compulsory licence for Bristol Myers Squibb's patent covering the active pharmaceutical ingredient dasatinib, which is used to treat patients with chronic myeloid leukemia (CML). The application was rejected at a prima facie level due to the applicant's failure to make reasonable efforts to seek a voluntary licence.
  • Honigman Miller Schwartz and Cohn has grown its IP litigation group with three new partners. Jamal Edwards joins the firm's Detroit office. He is a former partner of Kirkland & Ellis, a former regional counsel for the IBM Corporation in Chicago and a former executive with Equifax.
  • The international coffee shop chain Starbucks has failed to stop a US coffee roasting company from selling a product called Charbucks. Starbucks sued the New Hampshire-based Wolfe's Borough Coffee, which trades as Black Bear Micro Roastery, more than a decade ago. In November the Second US Circuit Court of Appeals in New York backed a lower court that had declined to ban the defendant from selling Charbucks coffee.