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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.

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.