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  • Sponsored by Sonn & Partner
    A hotel in a skiing area known for its bar featuring scantily-clad dancing girls was found to have an infringing trade mark. The lower courts issued an injunction in a first partial judgment. A further partial judgment was made requesting accounts of the turnover earned in connection with the running of the bar and all advertisements made for it. Accounts are the basis for all claims of compensation and damages calculations. In this case, the question was which turnovers should be included. On further appeal to the Austrian Supreme Court, the Court upheld the lower courts' judgments. It ruled on this topic as follows.
  • Ellie Mertens provides an overview of the biggest developments in some of Latin America’s most important countries for IP
  • The USPTO in 2017 began randomly auditing trade mark registrations. Andrea Anderson provides tips for what to do if you are audited
  • Christian Thomae and Victor Garrido of Dumont analyse changes to Mexican IP law in 2018, including alterations to the rules around fees, Declarations of Use and trade mark litigation
  • Sources at biotech companies and NPOs explain how the future enforceability of US cannabis patents in federal courts rests on whether UCANN v Pure Hemp is thrown out or not
  • Brazil’s IP policies are not quite Madrid-ready, and many changes will need to be made before it likely joins the Protocol later this year
  • The Comprehensive and Progressive Trans-Pacific Partnership Agreement (CPTPP), also known as TPP-11 is a trade agreement between Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, and Vietnam. With seven participating parties now having ratified the agreement, the CPTPP has entered into force.
  • The International Council for Harmonisation of Technical Requirements for Pharmaceuticals for Human Use (ICH) which commenced in 1990 made it possible to use common scientific and technical methods in drug development in Japan, the United States and EU. As a result, in approval reviews of medicinal drugs in Japan, results from foreign clinical trials are utilised based on bridging development strategy as stipulated by ICH Guideline E5.
  • Sponsored by Hanol IP & Law
    To raise funds for research and development, start-ups sometimes have to announce the existence of licensing agreements, supply and distribution agreements etc. (i.e. a contract for a future sale of a product embodying an invention). In places like the US, if such agreements were made public more than one year prior to the effective filing date, even though the details of the invention are kept confidential, a statutory on-sale bar may be triggered, resulting in loss of patent protection for the invention in the US.
  • Following the high-profile withdrawal of the United States from the Trans-Pacific Partnership (TPP) in 2017, the remaining members agreed to move forward with a revised trade agreement called the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, or CPTPP. The CPTPP came into force on December 30 2018 between the first six signatories, Australia, Canada, Japan, Mexico, New Zealand and Singapore. Vietnam, the seventh country to ratify the new agreement, officially joined the CPTPP on January 14 2019.