China’s attempt to emerge as a key Intellectual Property (IP) hub began in 2008 with its formulation of the Outline of National IP Strategy (“IP Strategy”). This provided for a roadmap that will enable China to become a nation capable of creating, utilising and protecting IP by 2020. As part of executing this strategy China indulged in a number of judicial reforms to strengthen IP protection that included the establishment of a centralized jurisdiction over some hi-tech patent litigation, setting up a “three-in-one” adjudication for civil, administrative and criminal IP cases under a single tribunal etc.Since the framing of this well-thought IP Strategy, the Chinese IP system has witnessed some path-breaking changes. They include constitution of specialized IP Courts in Beijing, Shanghai and Guangzhou by 2014 and creation of four new specialized IP Tribunals in Nanjing, Suzhou, Chengdu and Wuhan by early 2017. The setting up of these three IP … [Read more...] about Specialized Intellectual Property Enforcement in China: Implications for Indian Companies
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The Sixth Circuit Steps Back in Time on Certification of Consumer Classes
The United States Court of Appeals for the Sixth Circuit recently upheld the certification of an Ohio consumer class action in In re: Whirlpool Corporation Front-Loading Washer Products Liability Litigation, 678 F.3d 409 (6th Cir. 2012) (“Glazer”). Glazer is the Sixth Circuit’s second opinion on class certification since the Supreme Court decided Wal-Mart Stores, Inc. v. Dukes, ___ US ___, 131 S.Ct. 2541, 180 L. Ed. 2d 374 (2011). The first opinion, Gooch v Life Investors Ins. Co. of America, 672 F.3d 402 (6th Cir. 2012), involved class certification under Fed. R. Civ. P. 23(b)(2). Glazer was the Sixth Circuit’s first post-Dukes opinion to address certification under Fed. R. Civ. P. 23(b)(3).For a number of years, culminating in Dukes, federal courts have moved away from deciding class certification based on the allegations in the plaintiff’s complaint and have instead focused on … [Read more...] about The Sixth Circuit Steps Back in Time on Certification of Consumer Classes
A Virtual Minefield: The NLRB and Social Media
Contrary to what some people might think—especially those who purchase smartphones with dedicated “status update” buttons—the Declaration of Independence did not proclaim that among our unalienable rights is the right to post status updates on Facebook. However, there are limitations on what employers can do about employees who post derogatory messages about the companies for which they work, or the supervisors to whom they report. A recent flurry of activity at the National Labor Relations Board (NLRB) makes clear that online communications enjoy the same protections as any other protected concerted activity, and that the NLRB is ready and willing to take up the cause of those employees disciplined because of what they posted on Facebook or tweeted on Twitter. As a result, any employer rolling out a social media policy or issuing discipline in response to a social media post needs to understand the rules of the virtual road.By way of background, the … [Read more...] about A Virtual Minefield: The NLRB and Social Media
Supreme Court to Decide Fate of Plaintiff’s Voluntary Dismissal Tactic
The Supreme Court will decide whether a federal court of appeals has jurisdiction to review an order denying class certification after the named plaintiffs voluntarily dismiss their claims with prejudice. Baker v. Microsoft Corp., 797 F.3d 607 (9th Cir. 2015), cert. granted, 84 U.S.L.W. 3214 (U.S. Jan. 15, 2016) (No. 15-457).Federal Rule of Civil Procedure 23(f) gives courts of appeals discretion to hear interlocutory appeals of orders granting or denying class certification. An appeal as of right under 28 U.S.C. § 1291 is available only after an adverse final judgment. For this reason, class plaintiffs who are unable to obtain discretionary interlocutory appellate review of class certification denials sometimes attempt to manufacture a final judgment by voluntarily dismissing their individual claims with prejudice.Currently, five circuits hold that a voluntary dismissal with prejudice is not an adverse final decision creating a right to appellate review. Two … [Read more...] about Supreme Court to Decide Fate of Plaintiff’s Voluntary Dismissal Tactic