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  • Dynamic injunctions have been the newest device used to curb the menace of resurfacing pirated websites. In a recent case, UTV & Ors. v 1337x.to & Ors., the Delhi High Court issued India's first ever dynamic injunction, putting a control on websites resurfacing with a different name, by extending an existing injunction to new websites which could emerge with a different name in the future. The objective is to help the right holder avoid the cumbersome process of filing a fresh suit. The right holder can simply approach the joint registrar of the Delhi High Court with appropriate evidentiary documents and extend the existing injunction to the website publishing the same infringing content. Until recently, the right holder had to file a fresh suit or possibly use a John Doe order/injunction by adding the party to the existing suit. Dynamic injunctions specifically help in cases where an infringing website may resurface as a redirecting, mirror or alphanumeric website.
  • On December 17 2019, Taiwan's Legislative Yuan (equivalent to a parliament in other democracies) passed a draft bill on creating an IP and Commerce Court (IPC Court) which will consolidate the IP Court which was established in 2008. The new court, estimated to come into existence in 2021, will be made up of two independent special tribunals, the IP Tribunal and the Commercial Tribunal, governed by respective adjudication rules.
  • In-house and private practice lawyers say that proposed legislation could help companies fight counterfeiters and enforce design patents, though others say the bill raises prior art concerns
  • Patent and trade mark attorneys have welcomed the European Commission's plans for unitary IP rights after Brexit
  • In-house counsel say checks would be a good way to demonstrate that technologies are essential to a standard, but are not certain how they should be done or by which organisation
  • Practitioners say that there could be significant IP shake-ups from the US Supreme Court, but that reform from Congress is unlikely
  • New data reveals that findings of invalidity and the success of 101-based motions to dismiss have dropped since Berkheimer, the most important US subject matter eligibility case of 2018
  • Karry Lai speaks to India’s new Intellectual Property Appellate Board chairman Manmohan Singh to see what progress is being made after nearly two years at a standstill. Another interesting development in India is the potential reform of the controversial Form 27
  • In October 2013, the Controller General of Patents rejected M/s BDR Pharmaceuticals International's application seeking a compulsory licence for Bristol Myers Squibb's patent covering the active pharmaceutical ingredient dasatinib, which is used to treat patients with chronic myeloid leukemia (CML). The application was rejected at a prima facie level due to the applicant's failure to make reasonable efforts to seek a voluntary licence.
  • António Campinos has so far succeeded in improving relations in the upper echelons of the EPO since taking over as president in July