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The Federal Circuit has overturned the jury verdict of fair use in Oracle v Google and remanded the case to a federal judge in the Ninth Circuit for a third trial to determine damages

The Patent Trial and Appeal Board has instituted a derivation trial for the first time, challenging a patent for a spacer frame used in insulated glass windows

In-house counsel and private practitioners discussed trends in brand protection online and its context for Asia at a seminar. This included an overview of cases involving trade marks and Google Adwords, including two recent ones in Asia

The UK Intellectual Property Office (UKIPO) has recently announced changes to UK patent fees. These changes follow a consultation period in 2017 and introduce some new fees as well as increasing existing fees. The changes will enter into force for UK patent applicants on April 6 2018.

In the case In re El Galan, Inc, the Trademark Trial and Appeal Board (TTAB) held that there was a likelihood of confusion between marks covering cigars and tequila, finding that such products are related and complementary. Although this case is not precedential, it provides guidance to parties attempting to ascertain whether a mark will be available for registration and exploring arguments available to assist in overcoming likelihood of confusion refusals made by a Patent and Trademark Office (PTO) examiner.

On February 27 2018, the top policy-making bodies in China (the General Office of the Party and the General Office of the Council) published an unprecedented policy roadmap for reforming the IP adjudication system (opinions). The opinions reveal much clearer thinking and critical measures for reforms and innovation in the IP adjudication system.

Aprinciple of patent law is the principle of territoriality. This concerns the limited validity and enforceability of the patent in national territory.

In the case, Crocs Inc USA v Liberty Shoes Limited [CS (COMM) No 772/2016 and connected cases], Crocs (the plaintiff) held design registrations (Nos 197685 and 197686) under the Design Act 2000 (the Act), for its perforated and non-perforated clog-type slipper/shoes. From 2014 to 2018, Crocs filed several suits for infringement of its registered designs, seeking a permanent injunction against the defendants, restraining them from infringing the design of Crocs footwear.

Generally trade mark use does not raise questions. The law (Article 1484) simply states that the trade mark may be used on goods, in documents, in advertisements and other material. When the issue of non-use is examined by courts, these provisions of the law are compared with what happens on the market. For the purpose of proper use, the law (Article 1486) also states that a trade mark may be used by the trade mark owner himself as well as by other people under the control of the trade mark owner. Control should be understood broadly. This is not only a licence but any transaction or chain of transactions where the trade mark owner is aware of the use by other people and may intervene if necessary. This is a relationship pattern that has been adjusted by judicial practice and proved in many cases.

Unlike many countries, Turkish trade mark law has had a rule since 1995 that a senior trade mark registration or application identical or indistinguishably similar to a junior trade mark application can be raised as an absolute ground for refusal if the goods/services are also identical or of the same type. The Turkish Industrial Property Code (the IP Code), which entered into force on January 10 2017, softened this rule, and in cases where an applicant submits a notarised document to the Trademark Office indicating that the owner of the prior registration agrees to the registration of the trade mark application that is identical or indistinguishably similar to a senior trade mark or trade mark application, then the junior application cannot be rejected on this ground.