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  • In Taiwan, a design must be "original" to be patentable. Since a design that simulates a known object is not original as required by the Patent Law, a "test for originality" will be applied in determining the patentability of a design over a piece of prior art. According to the Examination Guidelines published by Taiwan's IP Office, to determine whether two designs are similar, the designs shall be viewed from the naked eyes of ordinary consumers without the aid of any instrument. Moreover, as a design patent in Taiwan protects only the visually appreciable appearance of an article of manufacture, the mechanical function and construction of the article, as well as the operation processes involved in the use of the article are all excluded from design patent protection.
  • The number of international patent applications (PCT and European applications) filed before the Greek patent office as receiving office has been steadily rising over the last few years. However this is certainly not the result of an economic growth. On the contrary the country has been in recession and the market has been shrinking over the years.
  • For many years, Australia has allowed omnibus claims, which take the form of "an apparatus substantially as hereinbefore described…". They have been utilised as a last line of defence for patentees when suing defendants.
  • In Guthrie Healthcare System v ContextMedia, Inc, the Court of Appeals for the Second Circuit issued a decision regarding the appropriate geographic scope of an injunction in a trade mark infringement case.
  • On February 24 2016, the Ministry of Science, Industry and Technology circulated the draft IP Code on the website of Turkish Patent Institute (TPI). Having passed through various informal and formal consultation stages, the draft IP Code is now in its final enactment stage before the Turkish Parliament and expected to enter into force before the end of 2016.
  • Nowadays, it is common for two or more companies to collaborate in developing certain projects for their common benefit. With the increasing number of companies entering into collaborative innovation, there is more joint ownership of intellectual property in Indonesia. Joint ownership of IP rights often occurs when two or more parties collaborate on a certain project. Each party in the project will then own a certain portion of the work product. The prevailing laws in Indonesia provide no specific guideline with regard to joint ownership of IP rights. Therefore, unless agreed otherwise, each joint owner will own an equal portion of the jointly owned IP rights.
  • Following the recent MacCoffee decision from the CJEU General Court, Hernán Ríos, Xuefang Huang, Katherine Lai and Coleen Morrison provide a guide to registering trade marks with prefixes and suffixes in Europe, China and North America
  • On July 22 2016 the much-anticipated report on the business models behind online infringements of IP rights was published by the EUIPO.
  • The Spanish Patent and Trade Mark Office (SPTO) and the Spanish Association for the Defence of Trade marks (ANDEMA) in collaboration with the Leading Brands of Spain Forum (FMRE) and the Chamber of Commerce of Spain have analysed the impact of industrial property rights in our exports, with regard to the internationalisation of companies, the Spanish economy and employment.
  • Usually people are concerned with what they have inside their head rather than outside. We are used to the knowledge that inventions push forward technology and open new ways to human progress. Sometimes it happens otherwise.