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  • Following the invalidation of its patents for Strattera (atomoxetine) and Zyprexa (olanzapine), Eli Lilly and Company submitted claims to international arbitration under the North American Free Trade Agreement (NAFTA). On March 1, 2017, the Tribunal issued its final award dismissing Eli Lilly's claims.
  • As previously explained in our October 2016 briefing, industrial models and designs consist of the shape or ornamental aspect of industrial products.
  • On January 26 2017, the Thai Department of Intellectual Property (DIP) published the long-awaited 20-year Intellectual Property Roadmap, providing directions for the country's IP developments over the next two decades. In Thailand, there is still room for improvement in terms of developing a completely robust IP legal framework, IP resources, effective IP enforcement mechanisms and a strong understanding of IP.
  • In Dropbox, Inc v Thru Inc, the US District Court for the Northern District of California applied to a trade mark dispute the Supreme Court's recently adopted test for determining whether reasonable attorney fees should be awarded to the prevailing party. In doing so, the Court found that the defendant's conduct both prior to and during the litigation was in bad faith, rendering the case "exceptional" and justifying the grant to the plaintiff, Dropbox, of an award of attorneys' fees and costs in excess of $2 million. The ruling serves as a stark reminder of the risks associated with attempting to cultivate opportunistic or unreasonable litigation strategies.
  • These days some restaurants offer a selection of knives to choose from. On such a tray you might find a Laguiole knife. Laguiole knives are produced in the small village of Laguiole, located in the Massif Central region of France, thus "Laguiole" originally is neither a trade mark, nor a company name. However since the name Laguiole has become associated with high-end traditional knives, the interest in the protection of the word Laguiole has been growing accordingly. It is not your typical trade mark history and is the reason why the appeal decision of April 5 from the CJEU (C-598/14) caught my eye.
  • Sarah Wright and Kaisa Patsalides explore whether designs originating from the UK can still qualify for EU design rights in a post-Brexit world, in light of conflicting interpretations among EU courts on the meaning of “first making available within the Community”
  • After its product patent had expired, the brand name pharmaceutical company sued generic drug manufacturers based on a manufacturing process patent. On March 24 2017, the Supreme Court affirmed infringement under the doctrine of equivalents (DOE) for the medicinal compound's manufacturing process patent.
  • The Intellectual Property Office of Singapore (IPOS) has signed a memorandum of understanding (MoU) with China's State Intellectual Property Office (SIPO) and the Guangdong provincial government, which will further strengthen collaboration between Singapore and China and boost innovation and IP protection in both jurisdictions.
  • South Africa's Supreme Court of Appeal recently handed down two important judgments. One dealt with genuine use, the other with reputation.
  • Law 24/2015 came into force on April 1. It completely modifies the previous Spanish Law 11/1986.