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Pursuant to the recent Code of Commencement of Execution Proceedings in Monetary Receivables Arising from Subscription Agreements (the Code) published in Official Gazette dated December 19 2018, mediation is now mandatory for commercial receivables claims. In line with Article 20 of the Code, Article 5/A is incorporated into the Turkish Commercial Code (TCC). This requires mediation for commercial receivables claims, in which compensation or payment of a certain amount is requested. Accordingly, mediation is a pre-condition of bringing a lawsuit before the courts. This recent development was implemented on January 1 2019.

A decision of the Court of Appeal ([2018] EWCA Civ 2219) has recently become the first in the UK to reaffirm the consideration of equivalents when reviewing the issue of patent infringement.

Simon Portman, Chris Lowe, Lawson Crawford, Paul Cervi and Max Stewart of Marks & Clerk analyse the biggest issues for academic researchers commercialising medical technology innovation in the UK

According to Section 39 of the German Patent Act, the applicant may divide an application at any time by submitting a declaration of division. The text of the divisional application can be filed within three months of receipt of this declaration.

Claims of seniority of national trade marks for European marks have the effect of allowing owners, if they cease to maintain local trade marks, to continue benefitting from the same rights they would have had if their national trade mark had been maintained.

A hotel in a skiing area known for its bar featuring scantily-clad dancing girls was found to have an infringing trade mark. The lower courts issued an injunction in a first partial judgment. A further partial judgment was made requesting accounts of the turnover earned in connection with the running of the bar and all advertisements made for it. Accounts are the basis for all claims of compensation and damages calculations. In this case, the question was which turnovers should be included. On further appeal to the Austrian Supreme Court, the Court upheld the lower courts' judgments. It ruled on this topic as follows.

To raise funds for research and development, start-ups sometimes have to announce the existence of licensing agreements, supply and distribution agreements etc. (i.e. a contract for a future sale of a product embodying an invention). In places like the US, if such agreements were made public more than one year prior to the effective filing date, even though the details of the invention are kept confidential, a statutory on-sale bar may be triggered, resulting in loss of patent protection for the invention in the US.

The Decree on Amendments to Trademark Law in force as of August 10 2018 introduced new legal concepts to the IP Law to update and reinforce the intellectual property system in Mexico.

The Federal Circuit ruled that the USPTO exceeded its authority by penalising patent owners for delays they could not have reasonably prevented

Sources at biotech companies and NPOs explain how the future enforceability of US cannabis patents in federal courts rests on whether UCANN v Pure Hemp is thrown out or not