The issue’s cover story focuses on Section 101 in the US, which governs patentable subject matter. We reveal new data that suggests findings of invalidity have dropped since Berkheimer v HP, the most important US subject matter eligibility case of 2018, and analyse the reasons for this.
Also featured in the issue is:
· European in-house IP counsel discussing the prospects and problems of personalised medicine.
· AWA Asia’s IP strategy and patent team in Beijing looking at the China FinTech market, discussing available IP protection mechanisms and considering how revised guidelines could provide opportunities.
· Dmitry Andreev analysing issues in patenting blockchain-related technologies.
· A European trade mark double header, with David Stone discussing the difficulties of registering and enforcing shape trade marks in the European Union, and Managing IP analysing the most-important recent trade mark-related rulings from the CJEU, including cases involving Nestle, Puma, Louboutin and Red Bull.
· Vincent Violago and Nikko Quevada tak a look at AI and the issue of bias, including discussing patents directed to bias mitigation.
· We reveal the highest US patent damages awards so far this year, and reveal why higher damages may now be more achievable.
The issue also features our international briefings, bringing updates from around the globe (also listed below), as well as our regular Utynam column of IP curiosities and controversies.
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The September issue’s international briefings:
Africa: African governments show increased interest in IP protection
Australia: Change to Patent Examiners Manual creates uncertainty
Austria: When is joint use of trade marks allowed?
Brazil: Brazil offers attractive battleground for enforcing patents
Canada: Examining different forms of protection for personality rights
EPO: Applicant is responsible for checking patent text
Europe: Messi scores trade mark goal at EU General Court
France: Law on national domain images changes
Germany: Determining litigation value in patent appeals
India: Court rules in favour of Phillips in SEP dispute
Japan: Examining proposed amendments to evidence collection procedures
Malaysia: One Belt One Road brings opportunity and risk
Mexico: Public order, morals and good customs prevent trade mark
Netherlands: Supreme Court rules on role of description in claim interpretation
Philippines: Breeding a superior duck
Russia: Starbucks wins trade mark battle with One Bucks Coffee
Singapore: Singapore ranked most innovative non-European country in world
South Korea: Patenting a food-related invention in Korea
Taiwan: IP office allows deferred examination of design applications
Thailand: Supreme Court provides guidance on honest concurrent use
Turkey: TPTO refuses trade mark solely due to bad faith
UK: Patenting computer-implemented inventions