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  • 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.
  • 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.
  • The UK has voted to leave the European Union, but how does this affect patents? Patents can be obtained in the UK via two separate means, either directly from the UK intellectual Office (UKIPO) which is governed by the UK Patents Act, or from the European Patent Office. Both organisations are unaffected by the UK leaving the EU. The European Patent Office is not an EU organisation, and already has members who are not member states of the EU such as Turkey, Norway and Switzerland.
  • The Dutch interim injunction court is only competent in cases with urgent interest. A recent case, Ruby Decor v Basic Holdings, raised the question whether or not such urgent interest was indeed present.
  • Under a recent judgement of the Specialized IP Civil Court the trade mark Havaianas was found to be a famous trade mark, which may enjoy broader protection provided by law for trade marks of such status.
  • Earth Wind & Fire is the name of a music band founded in 1965 by the drummer Maurice White. Since 1975 that formation has celebrated worldwide successes and earned Grammies and gold- and platinum albums. The band became famous also in Austria and was famous at the time of priority (2003) of the attacked trade mark. It was from 1977 onwards in the Austrian charts, also at the time of priority. This was so irrespective of whether Maurice White played with his band at that time.
  • 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.
  • EPO oppositions are well established, meaning there are many lessons for patent owners and challengers, as Arnie Clarke and Jack Shepherd explain
  • Last month marked the fourth anniversary of Patent Trial and Appeal Board proceedings becoming available. While early cases suggested that the Board would be a graveyard for patents, in the past year a more nuanced picture has emerged. Michael Loney identifies 10 issues to watch