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  • In recent years, machine learning and so-called 'artificial intelligence' systems have once again come into the spotlight. As ever, patent law both in the UK and around the world has developed to keep pace with and encourage these emerging technologies.
  • In Taiwan, both invention and design applications are subject to substantive examination. According to the Patent Act, the applicant must file a request for examination of an invention application at the time of filing the application or within three years from the filing date. If such a request is not filed in an invention application within the statutory time limit, the application will be dismissed irrevocably. On the other hand, a design application will automatically go to the examination stage after the formalities are fulfilled with no need for the applicant to request examination. Therefore a design application could be approved quite soon after filing. Though this seems favourable, it may not necessarily be what the applicant wants, especially when the applicant wishes to defer publication of that specific design due to commercial considerations.
  • Section 13 Paragraph 2 of the Thai Trademark Act directs registrars to refuse applications for marks that are similar to a prior registered mark, given that such similarity is likely to mislead or confuse the public as to the ownership or origin of the goods claimed. In several past cases, in order to demonstrate extensive reputation of a mark and dispel the possibility of consumer confusion under this provision, the party submitted extensive use evidence.
  • Resolution Chemicals v AstraZeneca B.V. and Shionogi (Supreme Court of The Netherlands, The Hague, June 8 2018) deals with the extent of protection that is conferred by patent EP0521471 (EP 471), for rosuvastatin, a new cholesterol inhibitor.
  • Sponsored by OLIVARES
    Early this year, the Mexican Institute of Industrial Property issued decisions denying registration for the trade mark PINCHE GRINGO BBQ & Design in classes 43 (restaurants) and 30 (sauces). The grounds of denial were a supposed violation of Article 4 of Mexican IP Law, which states that no patents, registrations or authorisations are to be granted for any legal figures or institutions regulated by this law, when the contents of an application are contrary to public order, morals and good customs.
  • Sponsored by Sonn & Partner
    Ten years ago the Austrian Supreme Court decided a case concerning Mazda and a tuning company. The tuning company had offered its chip tuning parts for a range of cars. It also named on its website the car types for which it offered these chips. For that it used the cars' word marks and the figurative marks (logos).
  • Sponsored by Cabinet Beau de Loménie
    A French court issued a ruling on April 13 2018 concerning the photographs of Chambord Castle used by Kronenbourg breweries in the context of an advertising campaign for one of their beers.
  • The UK government’s Brexit no-deal guidance has raised uncertainty over tobacco plain packaging that uses EU copyrighted images. IP practitioners say the potential disruption to UK cigarette companies will depend on the EU Commission’s attitude to its IP
  • The Coalition for Affordable Drugs has notched a flurry of PTAB wins in the past two weeks. The next decisions will not come until the new year, however
  • Managing IP explores how blockchain innovations are being protected with IP, and also pose unique challenges to patents, trade marks, copyright and trade secrets