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In Dart Industries Inc & Anr v Polyset Plastics Pvt Ltd & Ors, a single judge of the Delhi High Court's vide order dated August 1 2018 confirmed an ex parte ad interim injunction in favour of the plaintiffs. The plaintiffs, Dart Industries Inc and its Indian subsidiary, filed two separate suits against the defendants for infringement and passing off the company's registered design of bottles and caps and other designs which amounted to an obvious imitation of the plaintiffs' registered designs. The plaintiffs also filed applications under Order 39 Rule (1) and (2), Civil Procedure Code (CPC) seeking an ex parte ad interim injunction against the defendants, and this was allowed in favour of the plaintiffs on the first day of the listing of the suit. The defendants, on being served with a copy of the summons filed applications under Order 39 Rule (4), CPC for vacation of the ex parte ad interim injunction.

In Deckers Outdoor Corp. v Australian Leather Pty. Ltd., the US District Court in Illinois addressed the issue of whether a term found to be generic in Australia should compel the conclusion that such term is generic in the US, and whether the doctrine of foreign equivalents should apply to a term used in another English-speaking country.

The direction of drug discovery has moved from focusing on low molecular weight compounds to biopharmaceuticals, and the percentage of biopharmaceuticals being sold is increasing. The first biosimilar patent litigation was also filed.

In September 2017, the Malaysian government exercised its right to exploit Gilead's patented drug, Sofosbuvir, used for the treatment of Hepatitis C without Gilead's authorisation. The Malaysian government proceeded with the exercise of its rights despite Gilead's announcement of the extension of its voluntary licensing scheme for the supply of licensed generic Sofosbuvir to Malaysia. This is the second time that Malaysia has exercised its government rights to exploit a patented invention without the authorisation of the rights holder. The first time was in 2003, when the government exercised its rights for the supply of affordable HIV/AIDS drugs patented by GlaxoSmithKline and Bristol-Myers Squibb after failed lengthy price negotiations with the patent owners.

With the cloud of uncertainty around what Brexit will look like, it is worth clarifying the effect, or lack of effect it will have on European patents and the UK.

A declaration of invalidity for EU device mark with word element 'la mafia - se sienta a la mesa' for goods and services in Classes 25, 35 and Class 43 lodged by the Italian Republic was upheld by the Board of Appeal of the EUIPO and confirmed as contrary to public policy as set out in Article 7(1)(f) of Regulation No 207/2009, now Article 7(1)(f) of Regulation 2017/1001. The owner of the contested sign filed an appeal against this decision before the Court of First Instance.

China just passed the long-awaited E-commerce Law, which will be effective from January 1 2019. While consumer protection is a key focus of the E-commerce Law, the new law represents some recent movement regarding IP protection in China.

It has been a longstanding practice in Taiwan for patent invalidation actions to be examined in written form and conducted using a pleading-and-defence template in which the two opposing parties are allowed to alternately present their contentions in writing. Taiwan's IP Office (hereinafter referred to as TIPO), upon receipt of the brief/counterstatement lodged by either party, will serve a copy on the other party, along with a notification for filing a response. After the two parties have exhausted their views and have no new evidence to file or TIPO believes that the observations and evidence submitted are sufficient, TIPO will proceed to examine all the documents/materials on file. Under this practice, none of the documents/materials on file can be divulged to the public, and the examination process could be rather lengthy.

Several years ago, a company registered a trade mark no 616808 on application no 2015721705 with priority of June 14 2015 for services in Class 41.

The European Patent Office uses the well-established problem-and-solution approach when assessing inventive step (cf. Guidelines for Examination at the EPO G.VII 5). A crucial part of this analysis is the starting point, known as the "closest prior art".