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In Hong Kong and China, brand owners and their investigators scour street markets and the internet to track down counterfeits. However, sellers are also hawking their goods through other channels

It’s an age-old dilemma for governments: they want to take advice from those with real-life experience but they don’t want to be seen to be beholden to sectoral interests. So what does the appointment of Mike Weatherley as an adviser mean for IP?

Since the 2006 eBay ruling, many practicing patent owners have been denied permanent injunctions following findings of patent infringement. Michael Jacobs and Patrick Zhang point out that jurisprudence might be trending back towards the traditional patent owner

Chinese online marketplace Taobao has agreed with Louis Vuitton that it will remove IP-infringing versions of the French company’s products from its website

Any human activity that causes damage creates the need to implement reparatory mechanisms. A party infringing a trade mark uses a good that does not belong to them and accomplishes this misappropriation to obtain a benefit.

Fashion companies often use their distinctive house marks in conjunction with multiple secondary marks to serve as a single source identifier for their product lines. The house mark groups the multiple different product offerings under the solitary heading of a well-known brand. The inclusion of the house mark could play a pivotal role in determining whether a likelihood of confusion exists between two otherwise similar marks.

In the June 2012 issue of Managing IP, we reported on a novel calculation of application fees at the German PTO. While there was some ambiguity in the wording of the new law on costs in patent affairs, the legislator has now confirmed in proposed amendments to the law that, upon nationalisation of a PCT application, based on the number of claims as originally filed, fees must be paid for each claim in excess of 10 claims (€20/€30 for electronic/paper filing). Thus, for applications with a high number of original claims, substantial additional fees must be paid with no option for reduction by reducing the number of claims upon entry into the German national phase.

In a recent ruling the Supreme Court of the Netherlands found that an appeal judge has the right to evaluate the evidence presented on appeal in a different and possibly even broader manner. This ruling resulted from a cassation brought by Global Bio Company – Chem Technology Group Lt et al (GBT) against rulings made by the Court of Appeal in The Hague.

Hand Baldachin & Amburgey in New York has recruited Carl van der Zandt (pictured) as a partner.

Leading UK litigator Trevor Cook is ending his 39-year association with Bird & Bird and will join WilmerHale’s New York office as a partner on January 1 next year