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  • Managing IP’s regular review of the latest moves and appointments in the US includes hires by Goodwin, McDermott Will & Emery, Arent Fox, Dykema Cox Smith, Akin Gump, White & Case and Haynes and Boone.
  • A jury awarding Whirlpool $7.6m, the PTAB upholding Acorda patents in four Kyle Bass IPRs, the USPTO confirming Michelle Lee is still director and Anthony Scardino is acting deputy director, Waymo adding a patent claim to its dispute with Uber, Malibu Media filing its first copyright suits for three months, and the IP Commission Report updating IP theft losses were in the recent intellectual property news
  • As Myanmar has opened up in the past five years, multinationals have rushed into the country. But, reports Shaun Tan, its IP laws are still frozen in time
  • The International Trade Commission will hold an oral hearing in Certain Carbon and Alloy Steel in April. This is only the second oral argument granted in nearly 10 years, following one in November last year
  • The Federal Circuit has upheld patents disclosing a system of sensors affixed to a helmet under Section 101, in its Thales Visionix v United States ruling
  • What will happen to EU trade marks and registered Community designs when the UK leaves the EU? That's a complicated question, but a lot of work is going on to address it
  • Original Equipment Manufacturing or OEM is the business model that is used when a trademark owner is "sourcing", i.e., looking for a factory to manufacture its products, using its trademark. China is one of the most favoured countries by business operators sourcing OEM products. If you are one of them and want to ensure the safe exportation of the OEM products, is there anything you need to do? And if, assuming you do not own a registration of the trademark in China, you want to prevent others from registering such trademark, can you rely on your prior OEM export business?
  • In principle, you should use your registered trademark in your business exactly as it is registered. However, sometimes, for various reasons (change of the brand image, suit the needs of the market in a certain area, etc.), you may actually be using a variant of the registered trademark. Is there a risk?
  • In China, the cease and desist letter is commonly used to warn infringers. Experience showed that you may have 50% of chance to get a reply to your cease and desist letter. The cease and desist letter usually works well with straightforward counterfeit case and against small infringers. When it comes to complicated case and big infringer, it is critical that you carefully evaluate the risk of being sued before sending out the cease and desist letter.
  • In China, just like in most countries, registration is the quickest and cheapest means to get trademark protection: just 9 months and 100 $. Normally, you have no reason not to register if you really want to be protected.