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  • Following the recent amendments to the PRC Trade Mark Law that took effect on May 1 2014, China issued revised Well-Known Mark Recognition and Protection Provisions in early July 2014, with effect from August 2 2014, that supersede the existing provisions from 2003.
  • On July 16, China Supreme People's Court (SPC) released its amendment proposal for public comments, titled "Amendment of the Judiciary Interpretation – Certain Provisions on Issues Concerning Application of Law in Trying Cases Involving Patent Disputes". The current Judiciary Interpretation is one of the key authorities for Chinese courts to handle patent infringement cases. It has been in effect since 2001 and has had some minor changes over the years.
  • In the Apple v Samsung litigation in Japan, on May 16 2014, the Grand Panel of the IP High Court affirmed the Tokyo District Court decision regarding an injunction and held that Samsung did not have a right to seek an injunction against Apple Japan regarding the patent with FRAND declaration.
  • In two notable judgements, the German Federal Patent Court has resolved questions concerning the assessment of patent claim clarity before the German Patent Office.
  • In a recent judgment, the Administrative Court of Appeals affirmed the Greek Trade Mark Commission's ruling that a trade mark application (word mark) Cardiometabolic Care is descriptive for goods and services in classes 5 (pharmaceutical products) and 44 (medicinal services) irrespective of the fact that the same application has been accepted for registration in some EU countries.
  • A new law related to service inventions (Law 83/2014) entered into force in Romania at the end of June 2014. In this context, it has become essential for the employer to have a full overview over the last two years of activity of its employee(s).
  • The US Supreme Court's unanimous June 19 ruling in Alice Corporation Pty, Ltd v CLS Bank International et al – that a computer-implemented method of reducing risk in financial transactions between two parties by employing a neutral intermediary is patent ineligible – is already affecting USPTO review of business method and software patents.
  • The Federal Circuit issued a precedential decision this summer in the case StonCor Group, Inc v Specialty Coatings, Inc regarding the proper pronunciation of a trade mark that is not a recognised word. This decision is instructional for trade mark disputes involving marks that are uniquely coined terms.
  • Infringement under the doctrine of equivalents was the main subject of a recent decision of the District Court of The Hague in Bayer Pharma v Sandoz. Bayer owns a European patent which claims a two-step method for the production of the contraceptive drospirenon. This two-step method includes oxidation with a ruthenium salt as catalyst.
  • Patent owners have been shocked at how popular IPR proceedings at the PTAB have proven. As the USPTO mulls over changes and the Federal Circuit braces itself for a deluge of appeals, Michael Loney reports on how the PTAB is likely to evolve