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In a recent patent infringement case, the plaintiff and appellant had requested the Commercial Court of Argovia to conduct pre-trial evidence proceedings, to allow the plaintiff to assess the available evidence and chances of success for an eventual patent infringement action against the defendant. According to the plaintiff, the defendant acted as an accessory to patent infringement by supplying apparatus parts to the main infringer (an operator of a refuse disposal plant). The plaintiff invoked article 158 of the new Federal Code of Civil Procedure (CCP), which grants (among other, alternate grounds) the right to pre-trial evidence proceedings if the plaintiff makes a credible case for an interest that justifies protection.

Hiding prior art or data could increasingly lead to legal action under EU competition law. Peter Crowther and Gareth Morgan explain why the threat is so broad

What do Facebook, Microsoft and Pinterest get right, and wrong? Michael Kasdan and Charles R Macedo explain

In a decision on patent infringement by the IP Court in March this year, the patentee was awarded the claimed damages but denied an injunction.

The Intellectual Property Office (IPOPHL) has scheduled a number of public consultations to present and discuss its proposed regulations, including the fees, implementing the Madrid Protocol. They start in May 2012 and run up to the first week of July, in time to meet the deadline of the Protocol coming into force on July 25 2012. Most participants commented that the proposed fees are high, and requested that they be reduced. A great number of the questions pertained to international registrations where the Philippines is a designated contracting party, and the following points in the proposed regulations were clarified.

Martín Bensadon and Iván Alfredo Poli examine Argentina’s recent regulation restricting patentability of many types of pharmaceutical inventions, and provide an overview of the rest of Latin America

Measuring the effectiveness of actions taken is a vital part of a successful anti-counterfeiting campaign. Mark Mutterperl explains how to do it, and provides examples of enforcement scorecards

A trade mark for Columbia was recently registered, for goods in class 34 (tobacco products and their accessories) and services in class 35 (wholesale and retail sale of tobacco products).

Frederick Frei and Sean Wooden analyse case law around inequitable conduct one year after the landmark decision in Therasense v Becton Dickinson, and find that the defence remains viable

On May 31, the Portuguese government published Ordinance 176/2012 with a new table of official fees for the Portuguese PTMO. There is now a substantial increase in annuities from the sixth year of patents, an increase in the fees for applications of trade marks, logotypes, awards, appellations of origin and geographic indications, and for fees relating to renewals of trade mark registrations and logotypes.