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  • An amicus brief aimed at reducing the Eastern District of Texas’s dominance, Canadian concerns over the Trans-Pacific Partnership, limited exceptions to the DMCA being announced, SAP and Google reaching a patent agreement, and George Orwell’s estate making an ironic demand were in the IP headlines in the past week
  • There is a good chance of a “Judge Judy”-like small copyright claims tribunal being established in the United States, according to one speaker at the AIPLA Annual Meeting
  • The first Unitary Patents may be granted one year from now. Following our series of articles on the Unitary Patent and UPC, James Nurton and Kingsley Egbuonu take stock of where we are now and what remains to be done before Europe’s new patent system can come into effect
  • The World Intellectual Property Organisation (WIPO) has announced that the Republic of the Gambia has acceded to the Madrid Protocol on the international registration of trade marks. The notification says that the Madrid Protocol will enter into force in Gambia on December 18 2015. This makes Gambia the 21st African country or regional organisation to join the Madrid Protocol.
  • The High Court in D'Arcy v Myriad Genetics [2015] HCA 35 has unanimously found that isolated naturally-occurring nucleic acids coding for mutant or polymorphic genes does did not amount to patentable subject matter in Australia.
  • Several rules have been applied to comparative advertising, for example competition law rules which regulate unfair competition (Section 159 of the Argentine Criminal Code, Section 10 bis of the Paris Convention), and trade mark-related rules.
  • In its decision of January 27 2015 Côte d'Or vs Belgid'Or, the eighth chamber of the Brussels Court of appeal had to rule on different Kraft Foods trade marks and the possible infringement thereof by Natrajacali.
  • Article 26.3 of the Chinese Patent Law specifies a sufficient disclosure requirement: "the description shall set forth the invention or utility model in a manner sufficiently clear and complete so as to enable a person skilled in the relevant field of technology to carry it out." However, there was a great deal of controversy in Chinese patent practices concerning whether or not the State Intellectual Property Office (SIPO) had correctly interpreted this provision for medical inventions, especially the so-called "compound invention", which is an invention simply directed to a compound itself, not to the potential pharmaceutical usage of the compound.
  • Pacogi Netherlands filed a Benelux trade mark application for the mark shown in figure 1. Balenciaga was not happy about it and filed a formal opposition with the Benelux Office for Intellectual Property (BOIP). The opposition was based on the prior rights in the wordmark Balenciaga and the device mark (figure 2).
  • Managing IP held the US Patent Forum in Silicon Valley this week. Here are some points of interest from the event, including discussion of the ITC tightening the scope of its jurisdiction and a defence of the right for anyone to file an IPR (even a hedge fund)