China announced facilitations in trademark act, especially in order to be able to take action against unauthorized trademark registrations. On November 1, 2019, the trademark law reform will come into force. The law against unfair competition has already been reformed with interesting features.
The Federal Patent Court sees claims for use only in narrow interpretation as procedural claims in utility model protection. The Federal Patent Court ruled in accordance with the Federal Supreme Court that in particular protection claims relating to the use of known substances in the context of a medical indication are
An SPC cannot be granted for a medicinal product which is protected in the basic patent and already on the market - even if a new formulation of an "old" active substance of this medicinal product represents and the effect is thus improved, the ECJ ruled in the case Abraxis.
The Federal Supreme Court ruled that a mosaic-like overall view of individual elements is not relevant for for determining the scope of protection of a design. A registered design must also be evaluated as an overall impression – even if its a design for a modular system.
Cyprus has lost its Halloumi mark for the United Kingdom. The Ministry in Cyprus never replied to the request for cancellation of the trade mark by a British company. Cyprus also lost in the dispute over Halloumi figurative marks before the CJEU.
GUGLER France lost the trade mark dispute concerning the Union figurative trade mark GUGLER before the CJEU. The focus was on the question of a likelihood of confusion with regard to the indication-of-origin function of the disputed trademark in comparison to the earlier national company GUGLER France.
The U. S. Court of Appeals for the Federal Circuit has ruled that Google's use of Oracle's 37 Java API packages does not fall under the so-called fair use. This judgement is of the utmost importance for modern software development. And it shows that the US and the EU are drifting apart on this issue.