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  • On March 22, the Beijing IP Court issued a decision addressing standard essential patents (SEPs) related to a China standard – WLAN Authentication and Privacy Infrastructure (WAPI). The Court ruled in favour of the plaintiff – a Chinese technology development company IWNCOMM against Sony, which sells mobile handsets. The Court awarded more than Rmb9 million ($1.3 million) in damages. But what is more noticeable in the decision is the Court's rulings on the doctrine of patent exhaustion, indirect infringement, injunctions for SEPs and the determination of damages.
  • The PRC Trade Mark Office (TMO) has had a long-standing policy prohibiting class 35 service mark coverage for "retail services" and similar descriptions. This policy has been directly and indirectly challenged through recent changes in the Nice Classification, judicial decisions and comments by many Chinese legal scholars. But for the time being, the policy remains largely intact.
  • The USPTO recently made permanent a pilot programme to conduct random audits of post-registration affidavits of use. Jason Vogel and Sam Kilb explain what trade mark owners need to know about the changes and suggest best practices
  • In a recent decision of the Court of Appeal of Athens, it has been found that the likelihood of confusion of the consuming public, resulting from the infringement of a distinctive title (a brand name, in breach of the fundamental principle of priority (first come, first served), as well as the provisions on unfair competition) is not removed by any possible provisions of a purely administrative nature.
  • In the case underlying decision X ZB 1/16 ("Ventileinrichtung") discussed below, an opponent attacked a patent-in-suit based on lack of patentability. The Opposition Division of the German Patent and Trademark Office (DPMA) maintained the patent-in-suit as granted. In appeal proceedings, the complainant (opponent) introduced inadmissible extension as a new ground of opposition. The German Federal Patent Court (BPatG) fully revoked the patent-in-suit on the basis of inadmissible extension. The patentee filed an appeal on points of law against the BPatG's decision.
  • On March 29, Prime Minister Theresa May triggered Article 50, formally notifying the European Union of the UK's intention to withdraw from the EU. The UK government now begins the lengthy process of negotiating the terms of our exit with our European partners.
  • Natalie Rahhal analyses oral arguments at the Supreme Court in the Sandoz and Amgen patent dispute over the Biosimilar Price Competition and Innovation Act
  • Managing IP rounds up recent moves from DLA Piper, Anaqua, Bird & Bird and Beijing East IP
  • Shaun Tan reviews Paolo Beconcini's book "Rules of Engagement: Trade Mark Strategies, Protection and Enforcement in China"
  • Cuker Interactive has won a trade secret dispute stemming from a consulting agreement under which Cuker agreed to help modernise the e-commerce website for Asda Stores, Wal-Mart’s business in the UK