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  • The Court of Justice’s decision in AstraZeneca will affect how drugs companies behave towards their generic rivals. But it also has implications far beyond the pharmaceutical sector. Pat Treacy, Sophie Lawrance and Steven Wilson explain
  • How will the introduction of a new classification system for the EPO and USPTO affect patent applicants and searchers? James Nurton and Eileen McDermott spoke to the heads of the two offices to find out
  • Prathiba M Singh argues that high-profile decisions have obscured some very positive developments for rights holders in India
  • Why being a parent is the best training for a judge, and the tax recommendations of the fantastically named Mr Cashman
  • Companies and their counsel describe different approaches to industry anti-counterfeiting programmes
  • Diana Sternfeld and Nicole Jadeja review the good, the bad and the ugly in recent SPC cases before the Court of Justice of the EU
  • A trade mark licence agreement establishes a unique relationship between the brand owner and the licensee, with each party having a vested interest in the success of the brand. The relationship combines the licensor's vision for the appeal and aesthetic of the brand with the licensee's expertise in a particular product category. The licensor's paramount concern in entering into a licence agreement is to ensure the protection of its brand while, at the same time, selecting a licensee who is capable of expanding product scope and market penetration.
  • IP Court judges are required to review defendants' defences to patent infringement lawsuits, including counter-claims for patent invalidity. The IP Court, therefore, provides a second track for an accused infringer to challenge the validity of the patent, in addition to the invalidation track offered by the Taiwan Intellectual Property Office (TIPO), making it no longer an option for a judge to stay a lawsuit pending the outcome of a parallel invalidation action. Although a judge's decision on a patent validity issue is binding to the parties of the lawsuit only, it is rare that a patentee will prevail in a patent infringement suit if the patent has been declared unpatentable by the IP Court in a previous proceeding.
  • In Swiss trade mark opposition proceedings, awards for the parties' representation costs are granted. Typically, the awarded costs will not exceed SFr2,000 ($2,168). The opposition fees of the Trademark Office (SFr800 per mark) must be advanced by the plaintiff. If the opposition is successful, the defendant will be liable for these fees in addition to the awarded representation costs.
  • An applicant recently filed a trade mark application for ПУШКИНЪ (Pushkin) to provide catering services. The claimed designation is an oval figure reminiscent of a frame of a painting or a mirror encircling the word element ПУШКИНЪ.