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  • Both patent owners and implementers have welcomed the European Commission’s communication on standard essential patents. Does that mean it has successfully balanced competing interests or merely dodged the difficult questions? James Nurton investigates
  • DAV tells the Federal Constitutional Court the constitutional complaint against German participation in the UPC is inadmissible. Other recent news includes the UK House of Lords approving an immunities and privileges order and France ratifying a similar order
  • Our Mexico intellectual property focus is now available to read online for free, including articles on the trade mark opposition system, interpretation of patent claims and new life for industrial designs and geographical indications
  • Richard Busch, the King & Ballow attorney behind three lawsuits against Spotify last year, shares his outlook on Wixen Music Publishing’s recent $1.6bn suit against the streaming service
  • Ellie Mertens rounds up recent intellectual property news, including the Fourth Circuit's Redskins ruling, the PTAB invalidation of a cancer drug patent, antitrust suits against Allergan, an Eagles trade mark settlement, Google and Tencent’s cross-licence, a Federal Circuit ruling on royalties, LG’s dismissed appeal at the European General Court, a new TPP, an Australian SEP case, Marathon’s blockchain patents acquisition, and Argentina’s implementation of an IP decree
  • Observers believe a case in which Samsung was found to infringe Huawei’s SEP patents is helpful in determining what is misconduct in FRAND negotiations and a sign the Chinese judicial system is resolving increasingly more complicated and new IP disputes
  • Observers bemoan the lack of clear guidance after Beijing IP Court judge rules there was no infringement of a GUI design patent in a highly-anticipated case
  • Recently, the 14th Senate of the German Federal Patent Court referred new questions to the CJEU on the criteria for Article 3(a) of the SPC Regulation (EC) No. 469/2009 (decision 14 W (pat) 12/17; CJEU: C-650/17) to clarify when a functional definition refers to the product in question.
  • In a recent ruling (ECLI:NL: RBDHA:2017:15395), the Dutch Patent Court in The Hague had to decide whether or not Vialli contributorily infringed the Dutch part of SCA's European Patent 1 799 083 B1 relating to a toilet paper dispenser housing a roll of pre-cut toilet paper. The granted independent claim, which survived an opposition and appeal before the EPO, requires that the roll of toilet paper and an outlet nozzle of the dispenser are designed so that the interconnected paper sheets, for which specific dimensions were required, are unwound one at a time and emerge with less crumpling from the nozzle such that the toilet paper is consumed in "an optimum and pleasant manner".
  • On December 22 2017, the Intellectual Property Office of the Philippines (IPOPHL) published its proposed amendments to the IP Code (Republic Act No. 8293), just before it closed shop for the Christmas break, notifying the public to give their comments and informing it that the amendments shall be forwarded to the Philippine Congress this January 2018. Some of the major amendments are as follows: