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Identification and quantification of HER2/neu as a proto-oncogene has led to humoral or antibody-based passive immunotherapy, including the use of trastuzumab (Herceptin®).

A non-use court action is routine for the IP court. Every year several hundred cases are considered and granted. Sometimes, however, a cancellation action stumbles at unexpected obstacles.

In recent decisions, two different single judges of the Delhi High Court, while adjudicating trade mark infringement and/or passing off cases involving online transactions, interpreted Section 20(c) of the Code of Civil Procedure 1908. The judges asserted that every suit should be brought in a court in whose jurisdiction the cause of action, wholly or in part, arises. They also reiterated that the court will have territorial jurisdiction to decide on such cases only where the plaintiff is able to establish that the defendant has entered into a commercial transaction using a website with a user within the forum state. This must have resulted in injury or harm to the plaintiff within the forum state.

Clients are struggling to ban infringing goods from the internet, we experience difficulties making payments because our bank is under a Distributed Denial of Service attack and we frequently receive phishing mails and spam. Despite this, Pirate Bay and illegal streaming can be tempting (even to IP professionals).

New IP law abolished the provisions concerning the use requirement of patents and evidence on use detailed in the Decree Law on the Protection of Patent Rights. Instead, IP law now mentions the use requirement within the provision on compulsory licences, as a consequence of non-use of a patent.

In November 2015, the National Assembly of Vietnam issued a new Penal Code. This was scheduled to come into effect on July 1 2016, replacing the Penal Code of 1999. However, due to some inconsistencies and shortcomings in the law as drafted, its full implementation was put on hold until necessary amendments could be made. A revised version of the new Penal Code was subsequently issued in June 2017 and finally took effect this year on January 1.

In the chemical and biotech sector, China's State Intellectual Property Office (SIPO) and courts have been extremely strict when it comes to accepting supplementation of post-filing data during prosecution, invalidation or administrative litigation proceedings. The amended Patent Examination Guideline, which took effect on April 1 2017 seemed to provide some principles for the data supplementation issue. According to this, experimental data submitted after the filing date shall be analysed by the examiners. The technical effects to be testified by the supplemented experimental data should be such that a person skilled in the art can derive from the disclosure of the patent application. However, from such wording, it is still unclear to the applicant or patentee what the technical effect derivable from the disclosure of the patent application means exactly.

In January 2018, Thailand's efforts to strengthen its IP system and enforcement processes for counterfeit and pirated goods were recognised with the Office of the United States Trade Representative (USTR) removing Thailand from its Priority Watch List for intellectual property. Thailand had been on the USTR Priority Watch List for more than a decade.

Tish Berard, the new president of the International Trademark Association, discusses the association’s plans for 2018 in an interview with Ellie Mertens

A decree has changed the rules for intellectual property in Argentina, quite drastically in some instances. Iris V Quadrio, Martín Bensadon and Iván A Poli analyse the most important modifications