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  • Following the UK’s introduction of a doctrine of equivalents, Paul England of Taylor Wessing looks at the potential application of aspects of German IP law to determine the breadth of the doctrine’s scope
  • Magnus Johansson and Behdad Assadi of Valea examine the circumstances in which AI is patentable in Europe, analysing when AI makes a technical contribution to an invention and looking at two examples of AI
  • Intellectual property litigation attorneys, especially those in the patent field, are always looking for verdicts that can be viewed as landmarks in the interpretation and practical application of Vietnam's laws and regulations. One such verdict was issued by the People's Court of Binh Duong Province on July 17 2019 in a patent infringement case between a European pharmaceutical company and one of Vietnam's largest manufacturers of generic drugs. The court's judgment provided a number of tantalising "firsts" in terms of legal milestones, addressing questions about provisions found in legal documents that had previously never been enforced in practice.
  • A trademark application No 2017709487 was filed by Young Living Essential Oils, a US company on March 16 2017 in respect of Class 3.
  • In July this year, the Taiwan Intellectual Property Office (TIPO) announced a modification to the practice regarding recognition of priority rights to foreign design applications with reference to patent practice in the US, Japan, etc. This modification, taking effect from August 1 2019, marks a leap toward harmonisation with international practice.
  • In Turkey, the prosecution of criminal offences relating to trademark law depends on a proper complaint filed by the trademark owner. Once the complaint and the evidence is submitted to the local prosecutor's office, the file is brought before the local criminal court. The criminal courts, however, have become more and more reluctant to issue decisions recently. Hence, it is now more important than ever for trademark owners to be well-prepared before filing a complaint, in terms of evidence gathering.
  • India, as a member of the World Trade Organization and signatory to the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is obliged to align its intellectual property rights laws with the TRIPS agreement. The challenge comes not only from creating the laws but also their implementation considering the Indian government has to strike a balance between the needs of the country's citizens and the rights of patent holders. The issue has become all the more sensitive considering a bulk of patent applications in India are filed by foreign companies. As an example, the data provided by the Indian IP office in its annual report of 2017-2018 shows the applications filed by foreign applicants were more than double (32,304) compared to those by Indian residents (15,550).
  • A column devoted to IP curiosities and controversies, named in honour of John of Utynam – who received the world’s first recorded patent in 1449
  • The Ugandan Patent Office has recently objected to the grant of patents for pharmaceutical inventions following notification of grant by the African Regional Intellectual Property Organisation (ARIPO), where Uganda is a designated state. This objection is based on the national patent law of Uganda as it relates to the flexibilities regarding the application of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) to pharmaceutical products in least developed countries (LDCs).