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  • What happens when brands fail to secure the right music licences for their campaigns?
  • A recent rule change in Italy enables patents to be modified at any stage during litigation. Licia Garotti explains why it has been criticised, and sets out some strategies for patent owners
  • The Asean Patent Examination Cooperation Programme (ASPEC) commenced on June 15 2009, but it is only in the year 2014 that the Intellectual Property Office in the Philippines (IPOPHL) has begun accepting ASPEC request forms, after rules implementing the programme have been modified or amended. The participating ASEAN member states (AMS) are nine: Brunei Darussalam, Cambodia, Indonesia, Lao PDR, Malaysia, Philippines, Singapore, Thailand and Vietnam. The ASPEC is the first regional patent cooperation project among IP offices in the ASEAN to use the search and examination results from another participating AMS IP office as its reference in its own search and examination work.
  • On July 21 2014, the Vietnam government issued Decree 71/2014/ND-CP (Decree 71), which sets out the prescribed remedies for competition violations. These include sanctions in cases of antitrust, unfair dealings and unfair competition. While these measures are a step in the right direction, they potentially conflict with last year's Decree 99/2013/ND-CP on administrative sanctions in industrial property (Decree 99), complicating the enforcement of Decree 99.
  • In the Argentine Republic, the National Institute of Industrial Property (INPI) has responsibility to protect industrial property rights, either by conferring the title deeds set forth by the legislation on the matter, or by effecting the corresponding registrations for that purpose.
  • Inventors and authors who seek protection of their intellectual property should be made aware of misleading practices resulting from the provision of non-official titles of IP protection.
  • The distinctiveness of a trade mark is appreciated from a negative point of view, that is to say the term must not be exclusively the generic or usual designation of a product.
  • In its recent judgment, the Bombay High Court dismissed Bayer's appeal against the grant of a compulsory license (CL) to Natco, a generic manufacturer, for its Indian patent on an anti-cancer drug called Nexavar. This order of the Bombay High Court is round three in the litigation between Bayer & Natco. The first round was before the Controller General (CG) of Patents and the second round was before the Intellectual Property Appellate Board (IPAB).
  • On August 12 2014, Mexico's President Enrique Peña Nieto enacted several secondary or regarding the energy Constitutional reform. These will allow the opening of the oil, gas and power sector industries to foreign and private investment, leaving behind 76 years of state monopoly (PEMEX and CFE).
  • According to the jurisprudence of the Supreme Court of the Republic of Indonesia (which has permanent legal force) the determination of whether or not a mark is similar to another must be made as a whole, rather than being separated part by part. This is illustrated by some recent cases.