Search results for

In this sponsored Q&A article, Lucy Rana and Nidhi Chopra of S. S. Rana & Co. discuss how counterfeiting in India is harming its public and offer suggestions as to what more can be done

The Full Court of the Federal Court has dismissed the patent applicant's appeal in Research Affiliates LLC v Commissioner of Patents [2014] FCAFC 150, finding that the computer-implemented inventions in issue were not patentable subject matter under Australian law.

The Supreme Court’s recent decisions on fee shifting may not be restricted to only patent cases. By Peter M Brody and Karen I Leyva-Drivin assess how the decisions could be applied under the Lanham Act also

The EC Enforcement Directive provides enforcement measures including injunctions, publication of judicial decisions and right of information. The question arises whether there is an interconnection between these measures especially in the form as they are transposed in the laws of the different member states. Here, we take the example of Austrian law and as a typical case the end of the lifetime of an IP right either naturally (patents, copyrights, designs) or by withdrawal or renunciation.

The Fourth Plenum of the 18th Central Committee of the Communist Party of China (CPC) was held in Beijing from October 20 to 23 2014. The CPC Central Committee commonly holds seven plenary sessions during its five-year terms and each plenary session has a particular policy focus. Generally, a fourth plenary session focuses on CPC self-governance and self-development. A key outcome of the Plenum, as detailed in the resolution, is to come up with an instructive roadmap towards the Chinese Socialistic rule of law and promises of ambitious and sweeping judiciary reforms. The rule of law focus in this 4th Plenum is widely held as an unprecedented exercise in CPC's history.

On October 14 2014, the Supreme People's Court (SPC) issued the SPC Provisions on Certain Issues Related to Trials of Administrative Cases Involving the Grant and Confirmation of Trade Mark Rights (Draft), intended to provide guidance to courts (and indirectly the Trade Mark Office (TMO) and Trade Mark Review and Adjudication Board (TRAB)), in handling administrative appeals involving trade mark application refusals, oppositions, cancellations and invalidations. The bulk of the Draft Provisions focus on bad faith trade mark registration.

Ever since the entry in force of the Madrid Protocol in Mexico, we have been receiving provisional refusals which in most cases face some translation issues in connection with the descriptions of products or services as described in Spanish by WIPO.

The Chinese company ZTE failed in an attempt to obtain preliminary relief from enforcement of a Nokia patent on the UMTS telephony standard. The Netherlands court rejected ZTE's defences of non-infringement, invalidity and abuse of the patent right in view a commitment to license the patent under fair, reasonable and non-discriminatory (FRAND) conditions.

In today's day and age, consumers own at least one mobile device. According to the Malaysian Communications and Multimedia Commission (MCMC), Malaysia's mobile penetration rate in 2014 is at 143%, the highest rate thus far. Usage of mobile devices has increased significantly in recent years to the extent that transacting online for day-to-day activities is becoming the norm.

The Patent Trial and Appeal Board was recently faced with a set of cases where the patent owner assigned its patents to a third party during the pendency of inter partes review (IPR) proceedings. The Board's comments suggest that the new assignee would not be permitted to replace the named patent owner as a participant in the IPR (Librestream Techs, Inc v Wireless Remote Sys LLC, IPR2014-00368 (Paper 15) and IPR2014-00369 (Paper 16) (October 10 2014)).