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USPTO Examination Guidance: Binding or Not

by Kenneth R. Adamo & Eugene Goryunov1 (Kirkland & Ellis LLP – USA) USPTO Examination Guidance are not binding on the PTAB or on federal courts. They are useful training materials but do not have the force of law. The United States Patent & Trademark Office (“USPTO”) issues Examination Guidance “for use by USPTO personnel in evaluating” patent […] Read More

Enforcement lawsuit of 3D trademark in Japan

by Tomoko Honami (KUBOTA – Japan) On December 27, 2018, the Tokyo District Court issued a judgment that acknowledged trademark infringement by R&M JaPan Co., Ltd (“R&M JaPan”), who sold lighting apparatuses similar to the 3D trademark of a lamp shade by Luis Poulsen A/S (“Luis Poulsen”), named “PH-5,” and awarded Luis Poulsen damages of approximately […] Read More

Enactment of New IP Laws

by Sher Hann Chua (Tilleke & Gibbins – Myanmar) Myanmar has finally enacted its long-awaited Trademark Law and Industrial Design Law on January 30, 2019, and its Patent Law was also signed into law on March 11, 2019. The Copyright Bill is expected to be enacted into law soon. A summary of the provisions of the […] Read More

TPP11 & EPA with EU started – Effects on IPR in Japan

by Kozo YABE (UASA & HARA –  Japan) Since the TPP11 (Trans Pacific Partnership) finally came into effect on December 30, 2018 in Japan, several key amendments became effective especially regarding the Copyright Law (CL) and the Trademark Law (TL). Such amendments include a) statutory damages, b) extension of copyrighted works, c) royalties for a […] Read More

Amendments to the Polish Industrial Property Law on trademarks

by Klaudia Blach-Morysinska and Maciej Bugalski from ZM Legal (Zaborski, Morysinski Law Office – Poland) On March 16, 2019, the amendment to the Polish Industrial Property Law came into force adapting Directive 2015/2436, harmonizing the laws of the Member States regarding trademarks. The most important change is the abolition of the requirement of graphical representation […] Read More

Patent Eligibility is Confirmed Based on Claims Directed to Methods of Treatment

by Joshua B. Goldberg (Nath, Goldberg & Meyer – U.S.A.) The US Court of Appeals for the Federal Circuit (“CAFC”) again confirmed medical treatment claims are patent eligible subject matter in Natural Alternatives International, Inc. v. Creative Compounds LLC. In Natural Alternatives, the CAFC affirmed the validity of Natural Alternatives’ patent covering various forms of the […] Read More