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In a recent decision, the Austrian Supreme Court had to answer the question whether a defendant can be forced to recall goods from the channels of commerce by means of a preliminary order.

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.

The Supreme Court published a ruling in 2015 in a design patent infringement lawsuit that aroused some controversy.

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.

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