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The Intellectual Property Office of the Philippines (IPOPHL) issued Memorandum Circular No. 2019-006 on the Rules of Procedure for IPOPHL Mediation Outside of Litigation, extending its mediation services outside of litigation, effective from September 2 2019. Before this circular, the parties went through mediation only after the filing of the verified answer, and this applied to inter partes cases such as oppositions and cancellations, and IP violation cases, e.g. infringement, unfair competition etc. Mediation of IP cases was introduced by the IPOPHL in 2011, and as of the end of 2018, the average settlement rate is 41.4%, indicating that mediation is an effective mode of alternative dispute resolution (ADR) for IP cases. There is no doubt that mediation is a more economic and quicker way of resolving disputes in comparison with litigation which could take over three years just at the first level and if appeals are to be considered, could last over 10 years. The new rules give potential disputants an avenue to resolve their conflict even before an actual suit is filed.

A recent New Zealand High Court decision (Pharmazen Limited v Anagenix IP Limited [2019] NZHC 1520 (July 1 2019)) serves as a reminder of the subjective nature of the comparison of trademarks, with the court finding the marks “Actazin” and “ActiPhen” too similar, while on the same facts and evidence, an Australian hearings officer had decided the opposite.

The new provision for punitive damages for wilful infringement is now effective. The newly introduced punitive damages provision should contribute to stronger protection of patents and increase general value of patents in Korea. The new provision set forth below is now effective in Korea to deter unjust acts of patent infringement.

Amgen has been awarded $70 million in a dispute over a Pfizer subsidiary’s biosimilar of the Epogen treatment for anaemia

The Defend Trade Secrets Act has been in effect for a year, with more than 300 complaints filed in that time. James Pooley looks back on how the law has performed and analyses which issues need to be clarified

Speakers from the UKIPO and Novartis discussed Brexit at the AIPPI World Congress in London, as political protesters gathered outside the Supreme Court just round the corner

The general counsel at a US-based beauty and wellness company told an audience yesterday how to take on increasingly “sneaky” counterfeiters

At the AIPPI World Congress in London, speakers discussed what they value most when seeking outside counsel

William Merritt, CEO of InterDigital, tells Patent Strategy how he would have preferred arbitration, but now hopes the firm can get a global FRAND licence to save the parties potentially fighting the issue across the world

Nikki Kahn, IP portfolio strategist at Zuru Group in Hong Kong SAR, shares protection and enforcement strategies in the digital age