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In a recent case relating to a product (a medical device) that treats coughs, some interesting issues were raised regarding parallel imports, repackaging and unfair competition.

In appeal proceedings before the EPO, patentees and applicants frequently withdraw failed requests at the end of oral proceedings. For example, if the patentee's second auxiliary request is allowed, whereas the main and first auxiliary requests are rejected, most patentees will routinely withdraw the main and first auxiliary requests. Such withdrawal may in particular be made with a view to expediting the Board of Appeals' subsequent preparation of the written decision, as no written reasoning is to be prepared in respect of withdrawn requests.

After the new Trademark Law came into effect on May 1 2015, the China Trademark Office (CTMO) started to accept multi-class trade mark applications. Unfortunately, voluntary divisional application and partial assignment, which are common in other multi-class trade mark jurisdictions, are not yet available in China. This deficiency may cause dilemmas from time to time in practice.

Cambodia and Thailand have made modifications to the rules and regulations related to their trade mark application filing procedures as part of the ongoing south-east Asia region-wide trend towards electronic IP processes.

The UK’s departure from the EU threatens to disrupt IP practice in the country – and patent and trade mark firms are already taking steps to mitigate the potential damage. James Nurton reports

This is the first judgment affirming infringement under DOE in the biotechnology area and had great impact on patent practice. This decision is a part of global litigation in countries including the US, Germany and UK.

Ramon Confectionary, a famous entity in Russia, filed trade mark application number 2013705310 in respect of goods in class 30 (pictured below).

April 21 2017, was a milestone in the settlement of IP infringement cases relating to .vn domain names in Vietnam. This was the day the domain name bmw.com.vn was withdrawn by the national domain name management agency, the Vietnam Internet Network Information Center (VNNIC), taking control of the domain away from the registrant by 'flicking a switch' at the registry. It marked the first time under recently passed legislation that VNNIC had withdrawn a domain name at the request of the IP infringement settlement agency, the Inspectorate of the Ministry of Science and Technology (MOST).

In European patent opposition practice most opposition cases are based on the ground of a lack of novelty or at least on the lack of an inventive step. The success of these opposition cases strongly depends on the quality of the prior art documents cited by the opponent.

International trade mark number 1109244 (filed as a shape mark on the basis of a German registration with proven secondary meaning) was filed in class 30 for "chocolate goods also with fillings" and shows a piece of chocolate in the form of a pyramidal stump having on the top surface impressed a stylised star. The protection for that mark was rejected by the Patent Office and the Appellate Court. So its owner restricted the list of goods by inserting after "goods" the words "in tabular arrangement" and at the end "except pralines". It was found that that shape mark is neither inherently distinctive nor that acquired distinctiveness is proven, although it is marketed in Austria under the trade mark Schogetten packaged as a bar.