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  • IP practitioners in China are concerned about the high volume of cases the proposed court would need to handle
  • “Courts are looking at false advertising through a different lens because of social media,” says Jennifer Millones, chief legal officer at Newman’s Own
  • Karry Lai speaks with INTA's chief Asia-Pacific representative about recent policy initiatives, including targeting counterfeits and harmonising trade mark policies
  • Sponsored by Hanol IP & Law
    Three years ago, Korea adopted a new patent term adjustment (PTA) system. As many readers know, PTA is a system that allows extension of a patent term to the patent owner to compensate for an unreasonable delay during the prosecution phase.
  • The Ninth Circuit’s Stairway to Heaven opinion has already been cited in an Ed Sheeran dispute. Copyright practitioners discuss its impact and issues to watch in the retrial
  • In the patent battle between Nikon and ASML in relation to which 11 cases were pending before the District Court of The Hague, the Court recently ruled on case three.
  • In a recent decision, the Court of Appeal (the CoA) ruled that the well-known status of the GARANTİ mark for banking services would prevent registration of the KUTUP GARANTİ PLUS mark for different services.
  • In Thailand, trade mark applicants often encounter rejections on the ground of non-distinctiveness, where the application is principally composed of an acronym or a combination of unpronounceable letters. The Thai Trademark Office has consistently found that combinations of such letters in only a slightly stylised manner do not form an invented word and as such cannot pass the distinctiveness requirement. These decisions are then, almost without exception, upheld by the Thai Trademark Appeal Board (TTAB). At that point, many applicants refrain from appealing to the Thai courts due to the lengthy litigation process and the significant costs involved.
  • In September 2017, the Malaysian government exercised its right to exploit Gilead's patented drug, Sofosbuvir, used for the treatment of Hepatitis C without Gilead's authorisation. The Malaysian government proceeded with the exercise of its rights despite Gilead's announcement of the extension of its voluntary licensing scheme for the supply of licensed generic Sofosbuvir to Malaysia. This is the second time that Malaysia has exercised its government rights to exploit a patented invention without the authorisation of the rights holder. The first time was in 2003, when the government exercised its rights for the supply of affordable HIV/AIDS drugs patented by GlaxoSmithKline and Bristol-Myers Squibb after failed lengthy price negotiations with the patent owners.
  • With the cloud of uncertainty around what Brexit will look like, it is worth clarifying the effect, or lack of effect it will have on European patents and the UK.