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Fernanda Díaz and Víctor Ramírez of Olivares discuss the role and responsibilities of online intermediaries in connection with IP rights in Mexico

José Carlos Vaz e Dias of Vaz e Dias Advogados & Associados reports on the latest developments to improve the Brazilian IP system

A new decree regulates Brazil’s Biodiversity Law. Kene Gallois and Danielle Altomari of Daniel Advogados explain why this can represent friendly prospects for innovative life sciences companies

Enrique Romano Barragán of Goodrich discusses the importance of information technology as evidence to prove trade mark use in cancellation actions on grounds of lack of use according to Mexican law

Laura Collada and Ariadna Galvez of Dumont Bergman Bider & Co discuss Mexico’s experience of the Madrid System since 2013 and point out some flaws in its new opposition system

In Unwired Planet v Google, the Federal Circuit has declared: “The Board’s application of the ‘incidental to’ and ‘complementary to’ language from the PTO policy statement instead of the statutory definition renders superfluous the limits Congress placed on the definition of a CBM patent”

IBM’s Manny Schecter cautioned against making trade secrets protection too strong on a panel discussing the Defend Trade Secrets Act at the IP Dealmakers Forum

A panel on the US election at the IP Dealmakers Forum speculated that the Trump administration may take a long time to appoint a USPTO director and the Republican leadership that worked on patent bills in the previous Congress will again push for reform

What level of royalty fee can be considered genuinely FRAND? There is disappointingly little case law on this question, says David Sant, but a pending case in the UK may provide guidance

The validation of a European patent in a contracting state is determined by Article 65 EPC, the London Agreement on the application of Article 65 EPC and the contracting state's national law. Hence, validation of a European patent in a contracting state may require the filing of a translation of the European patent as granted into one of the official languages of the contracting state, generally within three months from the date on which the mention of the grant of the European patent is published in the European Patent Bulletin.