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In a recent case relating to a product (a medical device) that treats coughs, some interesting issues were raised regarding parallel imports, repackaging and unfair competition.

This is the first judgment affirming infringement under DOE in the biotechnology area and had great impact on patent practice. This decision is a part of global litigation in countries including the US, Germany and UK.

Brazil’s new Civil Procedure Code came into force last year. Breno Akherman and André Oliveira of Daniel Legal & IP Strategy analyse its impact on IP litigation so far

Plain packaging has become a hot topic in Turkey as controlling the consumption of tobacco has been one of the top priorities of the Turkish government. The government has adopted the 2015-2018 National Programme and Action Plan for Tobacco Control, which stipulates the implementation of necessary provisions related to plain packaging into the relevant legislation.

Every week our Americas editor Michael Loney rounds up some of the interesting, amusing and simply weird IP stories from news reports and blogs. Utynam picks out a few recent highlights

Australian courts have recently taken a dim view of competitors claiming that the patentee has made unjustified threats of patent infringement. It is now clear that, in relation to the assessment of damages, it is necessary for the defendant to show any threats made by the patentee were directly the cause of loss or damage to the defendant.

Ramon Confectionary, a famous entity in Russia, filed trade mark application number 2013705310 in respect of goods in class 30 (pictured below).

Clarity is needed on certain aspects of the law regarding patent claim amendment, argues Víctor Garrido of Dumont Bergman Bider & Co, SC

H D Lee of the USA, owner of the famous brand Lee for jeans, suffered another setback in its trade mark battle with local company Emerald Garment Manufacturing Co. As far back as 1995, the Supreme Court issued decision in GR 100098 holding that Emerald's trade mark Stylistic Mr Lee is not confusingly similar to H D Lee's trademark Lee, applying the holistic test, despite the decisions of the then Bureau of Patents, Trademarks, Technology Transfer (now the Intellectual Property Office of the Philippines) and the Court of Appeals using the dominancy test. This 1995 decision also ruled that while H D Lee was the senior registrant, it failed to substantiate its claim of prior use of the mark dating as far back as 1946, while Emerald was able to provide sales invoices proving actual use since 1975.

The recent CJEU judgment and subsequent national interpretation in Rovi Guides v Telenet will have a significant impact on the predictability of legal costs and should be taken into account when setting up an IP litigation strategy in Belgium, as Steven Sarlet and Ben Brigou explain