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  • In Twentieth Century Fox Television v Empire Distribution the US Court of Appeals for the Ninth Circuit recently addressed the issue of the appropriate test to apply when an allegedly infringing use is in the title or within the body of an expressive work.
  • In a recent trade mark decision the Intellectual Property Office of Singapore, has rejected Starbucks' case against Japanese dairy producer Morinaga Milk and its Mt Rainier trade mark.
  • Australia has relatively recently implemented support laws that require a specification to provide sufficient information to enable the skilled person to perform an invention over the entire scope of the claims without undue burden or the need for further invention. These new support laws have been stringently applied by the Patent Office, in particular in relation to claims defining chemical compounds where, in many cases, the only claims considered to be enabled are ones directed to exemplified embodiments.
  • It seems that Britney Spears, when she recorded a phonogram of the song "I Love Rock 'n' Roll never thought that one day she would be protected by Russian court. The rights for that song are owned by a US company Sony Music Entertainment, which licensed the rights to its offspring in Russia with the same name Sony Music Entertainment Ltd. This company has the rights for the song on the Russian territory and on the territory of the CIS countries. It monitored TV shows and noticed that TV channel "Friday" ran a show "Heads and Tails" dedicated to Shanghai. That show included the disputed phonogram. Besides, that show was also placed on the Internet at the address www.friday.ru. Sony Music Entertainment Ltd did not authorise broadcasting the song in that show and sued the TV channel.
  • The doctrine of "indirect infringement" has long been introduced into the patent systems of European countries and the United States. While there are similar regulations in the patent systems of Asian countries such as Japan and South Korea, no substantial regulations governing conducts involving indirect infringement are embraced in Taiwan's Patent Law. It is thus not of rare occurrence in Taiwan that patent owners proceed to take actions against non-direct infringers by resorting to the Civil Law, alleging that they are joint infringers.
  • Artificial intelligence innovation is challenging to patent because of changes in US law, meaning trade secrets may be more appealing. David A Prange and Alyssa N Lawson examine how to approach AI asset protection
  • Recent intellectual property news included German organisations’ support for dismissing a UPC complaint, a $26.7m patent award to Illumina, a surprising trade mark ruling in Brussels, an EU court’s ruling on a vulgar mark, “We Shall Overcome” entering the public domain, the Supreme Court’s IP docket, the EU fining Qualcomm and RPX’s potential sale. Ellie Mertens reports
  • Can a patent holder collect lost-profit damages if infringement of a US patent occurs abroad? The US Supreme Court will decide in WesternGeco v Ion Geophysical
  • CompuMark’s survey of 300 trade mark professionals reveals three-quarters experienced infringement in 2017
  • Managing IP’s inaugural Asia-Pacific Awards dinner will be held on March 21 at the JW Marriott in Hong Kong. The winners will be chosen from these shortlists