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  • The Trademark Trial and Appeal Board (TTAB) issued a precedential opinion in In re American Cruise Lines, Inc. regarding the necessary provisions for an acceptable consent to registration. In doing so, the TTAB provided clarification and guidance to trade mark owners who are negotiating and drafting consent agreements.
  • The word Guaraná has associations with Latin American countries around the equator even in the minds of those who do not know what Guaraná is. In fact, Guaraná is a climbing plant in some subtropical countries. It contains caffeine and is used in soft drinks and food additives. AMBEV, a Brazilian company filed a trade mark application No 2016706914 in 2016 for goods and services in Class 32.
  • According to Article 33 of the Patent Law, invention patent applications should be filed on a case-by-case basis. Where two or more inventions are so linked that they form a single general inventive concept, they may be claimed in a single application. In other words, a single application can cover two or more inventions only when the claimed inventions are in possession of a common feature which is novel or non-obvious over the prior art.
  • 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
  • While the Internet is a convenient place for users to share and receive information, the fast and continuous growth of the Internet has created opportunities for counterfeiters to more easily use means and channels online to promote and sell counterfeit goods to consumers.
  • Since the Thai Trademark Act (No.3) came into force on July 28 2016, it has been possible for trade mark owners to file applications to renew their registrations within six months after the relevant expiration date subject to an official fee increase of 20 per cent. This six month renewal grace period has been of great benefit to many owners of trade mark registrations in Thailand. However, if the registered owner has merged into another entity before the renewal period, this merger needs to be recorded along with the late renewal.
  • A monthly column devoted to IP curiosities and controversies, named in honour of John of Utynam
  • In the appealed case of Frederick Vital Erum v Integrated Formworks Builder, the Office of the Director General (ODG) of the Intellectual Property Office (IPOPHL) issued its decision on October 19 2018, affirming the decision of the Office of the Bureau of Legal Affairs (BLA) cancelling Erum's letters patent no. 1-2006-00047 (047) entitled "A Table Form Support System for Concrete Forming," on the ground that the claimed invention lacks inventive step and is therefore not patentable. Under Section 21 of the IP Code, for an invention to be given patent protection, it must be new, have an inventive step and be industrially applicable.
  • 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.