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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asked in Switzerland in infringement cases where one or several features of the patent claim are not present but have been replaced by other features are now: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 Korean Supreme Court recently issued an en banc decision on the issue of whether a mark that comprises both an English word and its Korean transliteration would be considered identical to a mark that is comprised solely of an English word (Supreme Court Case No 2012 HU 2463, September 26 2013).
  • 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.
  • US trade mark law allows for the filing of a trade mark application based on a bona fide intention to use the mark on or in connection with the specified goods or services listed in the application. The filing of an intent-to-use-based application provides a significant benefit to trade mark owners as it allows them to obtain a priority date as of the date of filing while they develop their business under such mark. This can protect the owner from the subsequent adoption of a confusingly similar mark by a third party during the time period between when the owner has filed its application and when it has put the mark into use. The ability to file an application on an intent-to-use basis can, therefore, be crucial to the development of a brand owner's business.
  • Companies' competitive power is related – to a great extent – to their capacity and ability to generate and manage technological and commercial information and knowledge. Under certain circumstances, that information needs to be kept confidential, for example: when it entails a competitive advantage over third parties; when the less the knowledge is disclosed the more its economic value increases; and when it implies the power to disclose that information to other interested parties willing to pay for said disclosure.
  • The highest French court (Cour de Cassation) has recently given its ruling in a case related to patent limitation.
  • A new EU Anti-Piracy Regulation is set to enter into force on January 1. Hidde Koenraad looks at the main changes, and what rights owners can benefit from them
  • A recent decision of the Ontario Superior Court of Justice underscores the importance of drafting clear and unambiguous terms in settlement agreements.
  • The way in which the European Patent Office acts in the case of a lack of unity during the search procedure has recently been re-assessed. The problem which gave rise to the change is best illustrated by an example: