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When the Federal Circuit granted TS Tech USA Corporation's petition seeking transfer of its case out of the Eastern District of Texas at the end of December, patent plaintiffs around the globe collectively gasped. Eileen McDermott reports

Emily Kirsch and Alexander Klett explore how contradictory European and US decisions on fair use in cases involving Google thumbnails can be instructive in developing your online business

Some months ago, we reported on Re Gilead Sciences, a UK Intellectual Property Office decision that provided guidance on when a supplementary protection certificate (SPC) can be granted in respect of a combination product. In particular, the decision provided guidance on when this type of medicinal product is "protected" by a basic patent in force, as is required by Article 3(a) of Council Regulation 1768/92, before an SPC can be granted. That decision has now been overturned in the High Court.

By statute, a patent holder, if successful in litigation, is awarded "damages adequate to compensate for the infringement but in no event less than a reasonable royalty for the use made of the invention." (35 USC §284 [2006]; Georgia-Pacific Corp v US Plywood Corp [SDNY 1970]). A reasonable royalty calculation involves determination of the royalty rate and royalty base.

As an emerging market in the world, Turkey increasingly attracts the attention of trade mark owners. In 2007, more than 72,000 trade mark applications were filed (see chart) and Turkey has been ranked number three for trade mark applications in Europe for the past three years.

This case relates to the opposition proceedings against application no 4-2006-003016 for the trade mark Dynaspec in the name of Kobelco Construction Machinery Co, Ltd, of Japan, covering goods in Class 7 such as power shovels, hydraulic excavators and other construction machines and apparatus. The opposition was filed by Dynapac International AB, of Malmo which owned the mark Dynapac for goods in classes 7 and 9, registered in the Philippines under trade mark registration no 029723 issued on August 4 1981 and renewed on August 6 2001, alleging confusing similarity.

For trade organisations who are concerned about the branding of their origin and ensuring the standards of their product are maintained, the certification trade mark is a useful device which is available Malaysia. A certification trade mark has to be in respect of origin, material, mode of manufacture, quality, accuracy or another characteristic.

In October the Italian Ministry of Economic Development (MSE), the Italian Banking Association (ABI), the Italian Confederation of Industry and the Conference of Rectors of the Italian Universities (CRUI) signed a cooperation protocol on the financial and economic evaluation of patents. Italy is therefore the first country in Europe to provide an instrument for evaluating patents shared by both public and private sectors.

The Delhi High Court has made a ruling in a recent trade mark case that has implications for the media industry in India. Warner Brothers had filed a suit against the proprietors of Mirchi Movies over the title of the latter's film Hari Puttar – A Comedy of Terrors, for being too similar to its Harry Potter franchise thereby infringing the plaintiffs' registered trade mark and diluting the goodwill of the plaintiffs and demanded stay on the release of the movie. Based on the alleged phonetic and structural similarity between the titles Harry Potter and Hari Puttar it was alleged that the defendants rode on the popularity of the plaintiffs.

Based on German 3-D-mark 399 06 072 (figure 1) registered for consumption-ready cereals and desserts in classes 29 and 30, German company Alois Müller GmbH & Co has obtained an interlocutory injunction against Italian company Milkon Alto Adige ordering it not to distribute in Germany its yoghurt product (figure 2), which also uses a two-chamber yoghurt cup (Civil Court Munich, file 4HK O 8370/08).