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  • All government agencies such as the Intellectual Property Office of the Philippines (IPOPHL) are directed to promote the use of alternative dispute resolution (ADR) in resolving disputes and cases. This is mandated by the ADR Act of 2004. In the IPOPHL the rules concerning mediation procedure are provided in Office Order No 154. This took effect on October 5 2010. Since then, all cases filed with the adjudication bureau of the IPOPHL, the Bureau of Legal Affairs (BLA), such as oppositions, cancellations, and intellectual property violations, are referred to mediation, after the answer has been filed. Since 2010, the office of the Alternative Dispute Resolution Services under the BLA, has settled an average of 1/3 of said referred cases, which has greatly lightened the backlog of undecided cases at the BLA. Under 154, the referral to mediation is mandatory, but the mediation itself is voluntary.
  • In FIL Ltd & Anor v Fidelis Underwriting Ltd & Ors ([2018] EWHC 1097 (Pat)), it was held that use of FIDELIS for insurance underwriting does not infringe FIDELITY for insurance or financial services. It is important to note that the validity of their registrations rests on the guidance from the CJEU in Sky v SkyKick ([2018] EWHC 943 (Ch)) in relation to two questions: "(1) whether a trade mark could be declared wholly or partially invalid on the ground that some or all of the terms in the specification are lacking in sufficient clarity or precision; and (2) whether it can constitute bad faith to apply to register a trade mark without any intention to use it in relation to the specified goods or services."
  • Aggressive enforcement and innovative legal arguments have ensured that the Scotch Whisky geographical indication is protected and have helped to preserve a £4 billion export market for Scotland.
  • The US Senate Committee on the Judiciary has passed the Defend Trade Secrets Act 2016, which included amendments that were suggested in hearings in December
  • The Court of Justice of the EU has ruled that a service provided by UK company TVCatchup infringes copyright because it falls within the definition of a “communication to the public”
  • The big questions remaining after the Supreme Court’s SAS ruling include how institution rates will change, how strategy at the Board should evolve and how district courts and the Federal Circuit will react. Michael Loney investigates
  • Karry Lai speaks with observers to get their views on how Alibaba and the Chinese government can improve anti-counterfeiting
  • The future of Yahoo’s patent portfolio after its Verizon deal, an appeal of the Stairway to Heaven copyright case, the law firms with the most patent practitioners, an ITC ruling invalidating Fitbit patents, an interview with the Patent Trial and Appeal Board’s chief judge, a call for Canada to have a national IP strategy, and a “highly unusual” Eastern District of Texas case were in the intellectual property headlines in the past week
  • Managing IP reveals the biggest petitioners and most-targeted entities in April and year-to-date at the Patent Trial and Appeal Board. HP and Apple had a busy month, while Finjan and Nike were on the receiving end of the most petitions
  • Technology can be a great tool for trademark lawyers—but you have to work smartly to get the full benefit of it. That was the message from Saturday’s session on “Running the Technologically Advanced Trademark Law Firm Practice"