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Much water has flowed under the bridge since 1986, yet the law regulating the patentability of software remains the same. A close look at the new guidelines for examination in the Spanish Patent and Trade Mark Office (OEPM) shows that those aspects concerning patentability remain the same as in the original Guidelines … so we may give it a big yes, nothing has changed.

Tax avoidance involving the import of undeclared trade marked items has led the Mexican Customs authorities to change the regulations governing the information that must be submitted.

Industrial models and designs consist of the shape or ornamental aspect of the industrial products. An industrial model is the three-dimensional aspect of a product, while an industrial design is the bi-dimensional aspect of such products: it is a drawing.

The US Federal Trade Commission is clamping down on native advertising and the use of endorsements on social media. A settlement with Lord & Taylor in March provides a number of lessons for brands, as outlined by Meryl Bernstein

Last month, Utynam attended the 30th MARQUES Annual Conference in Villaitana, near Alicante

This summer, the Court of Justice of the EU issued a ruling that dealt with the application of article 14 of the EU IP Enforcement Directive. According to this article, EU member states must ensure that in court cases, the reasonable and proportionate legal costs and other expenses incurred by the successful party shall, as a general rule, be borne by the losing party. While one could gather from this that the sky's the limit as far as costs compensations in IP cases go, the Court ruling teaches us there may in fact be limits.

A very recent court judgment issued by the Beijing IP Court imposed contributory liability on trade fair organisers for patent infringement. Though the reasoning is quite unclear, this decision gives some worthy attention to IP enforcement at Chinese trade fairs.

The draft Industrial Property Law in Turkey was passed by the main and sub commissions of the Science, Industry and Technology Ministry with minor amendments on May 5 2016. As shared in the issue of May 25 2016, one of the most debated issues was the international exhaustion principle, accepted for any kind of IP rights.

A recent but interesting order relates to an injunction issued against Youtube in Tata Sky Ltd v Youtube LLC, directing Youtube to take down videos that gave instructions on circumventing of the encryption system employed in Tata Sky's set-top boxes. This allowed users to view content made available by Tata Sky that they had not paid for. The recent order in August 2016 involved a variation to an earlier interim injunction issued in 2015 against Youtube. The interim injunction originally directed Youtube to ensure that the Tata Sky trade mark is not used on its website without written authorisation and to remove such circumvention tutorials. Youtube also apparently complied with taking down the allegedly offending videos. Tata Sky did not assert copyright on the videos itself.

An applicant filed a trade mark application for Halloween in respect of goods in classes 4, 9, 16, 21, 24-26 and 28 (see picture).