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  • Patent inventorship has been disputed in several recent cases in China. Wenhui Zhang reviews four court decisions that provide lessons for inventors
  • After the product patent had expired, the brand name pharmaceutical company sued generic drug manufacturers based on a manufacturing process patent. The Grand Panel of the IP High Court affirmed infringement under the doctrine of equivalents (DOE) for the medicinal compound's manufacturing process patent.
  • According to Article 67 of the Patent Law, post-grant amendments are permissible only if they are conducted to (1) delete claims; (2) restrict the scope of claims; (3) correct misstatements and mistranslations; or (4) clarify uncertainties. In general, such post-grant amendments shall not go beyond the disclosure of the specification, claims and drawings as originally filed. Nor shall they substantially broaden or alter the scope of the claims.
  • On December 19 2016 the court in Arnhem decided in preliminary relief proceedings about a patent situation, based on competition law.
  • Jim Brogan, Brian Eutermoser and Janna Fischer discuss the ways that the unsuccessful IPR petitioner at the Patent Trial and Appeal Board still can challenge validity in subsequent district court litigation
  • The European Observatory on Infringements of Intellectual Property Rights carried out a series of studies about the economic impact of counterfeiting in nine economic sectors.
  • On January 1 2017, the increase in official fees covering IP-related applications, averaging about 20%, took effect, in accordance with its Memorandum Circular No 16-012 effective. The last increase was in 2004.
  • The Industrial Property Code (IP Code) entered into force upon publication in the Official Gazette on January 10 2017. The IP Code has now replaced the respective decree-laws (D-L) pertaining to the protection of trade marks, patents, geographical indications and industrial designs, unifying them into a single code.
  • On January 10 2017, China's Supreme People's Court (SPC) promulgated the final version of provisions that were first circulated for public comment in the autumn of 2014. These detailed provisions apply to court appeals of trade mark administrative decisions issued by the PRC Trademark Review and Adjudication Board (TRAB), with effect from March 1 2017. Entitled the SPC Provisions on Certain Issues Related to Trials of Administrative Cases Involving the Grant and Confirmation of Trademark Rights, the provisions consist of 31 articles aimed at reflecting the changes in practice brought about by the 2013 amendments to the PRC Trade Mark Law (TML).
  • A recent judgment of the multi-member Specialist IP Court of Athens has ruled – by a 2-1 majority of its members – that there is a likelihood of consumers being confused in a trade mark infringement case, but the economic crisis in Greece resulted in an interesting dissenting opinion. In the case in question, the plaintiff US Company, E Entertainment Television LLC, argued that it broadcast the world-famous news channel "E" in Greece, among other countries, and that it is available through a subscriber platform. It is also the owner of the relevant European and national trade marks E! and E Entertainment Television.