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Intellectual Property

February 05 2018
Kwan T Loh Top 10 IP law and practice highlights of 2017

Canada - Smart & Biggar/Fetherstonhaugh

Canadian IP law and practice saw significant developments in 2017, including the largest award for patent infringement in Canadian history and the Supreme Court's abolition of the controversial 'promise of the patent' doctrine. Further, in terms of foreshadowing a significant overhaul to Canada's IP legislation across all areas, 2017 was an active year.

Authors: Kwan T Loh, Ahmed ElDessouki
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Lili Guan New patent practice for computer programs

China - Wanhuida Peksung

The State Intellectual Property Office recently issued a decision amending the Guidelines for Patent Examination. The revised guidelines explicitly prescribe that an invention involving a computer program is not the same as a computer program per se, which broadens the scope of eligible subject matters in this field. The guidelines came into effect in April 2017.

Author: Lili Guan
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Alexander Vida HIPO and Metropolitan Tribunal clash over assessments of descriptiveness

Hungary - Danubia Patent & Law Office LLC

The Hungarian Intellectual Property Office recently rejected an application to register a device mark featuring the term 'DRONEHUNGARY', holding that the mark's wording was descriptive. However, on review, the Metropolitan Tribunal held that a word composition is descriptive only if it is grammatically correct. This is not the first time that the HIPO has been more rigorous than the tribunal in assessing an application, especially with regard to a mark's descriptiveness.

Author: Alexander Vida
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Ángel Escoriaza Storage costs generated by deposit of counterfeit goods

Spain - Grau & Angulo

A much debated issue among Spanish legal practitioners concerns which party should be held responsible for the costs associated with storing and destroying IP infringing goods which are the object of judicial proceedings. There have been contradictory judgments in criminal proceedings. Recently, some logistics companies have tried to apply this discussion to other jurisdictions.

Authors: Ángel Escoriaza, Jordi Camó
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Dalia Ferrando Changes to Spanish EU trademark and Community design litigation

Spain - Grau & Angulo

In 2017 the EU Trademark Regulation and the Spanish Patents Act entered into force. Both pieces of legislation have affected EU trademark and Community design litigation in Spain, including by extending the deadline to respond to EU trademark and Community design claims and extending the exclusive competence of EU Trademark Courts 1 and 2 of Alicante, among other changes.

Author: Dalia Ferrando
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Christopher Loh Federal Circuit clarifies that wilful infringement must be decided by jury

USA - Fitzpatrick, Cella, Harper & Scinto

The Federal Circuit recently handed down a decision in which it clarified that wilful infringement is an issue to be decided by a jury, rather than a district court. It held that the district court had erred in excluding as unreasonable prior art evidence concerning the defendant's litigation defences, because that evidence may also have been relevant to its subjective intent or knowledge at the time of the alleged infringement.

Author: Christopher Loh
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Recent updates

Urszula Wojtyra Biosimilars update

Canada - Smart & Biggar/Fetherstonhaugh

Author: Urszula Wojtyra
Sisi Liang Fendi successfully fights unauthorised use of trademark

China - Wanhuida Peksung

Authors: Sisi Liang, Paul Ranjard, Nan Jiang
Tevin Jones Stay app-dated

South Africa - KISCH IP

Author: Tevin Jones
Sung-Nam Kim KIPO exercises new unfair competition enforcement powers

South Korea - Kim & Chang

Authors: Sung-Nam Kim, Angela Kim
Justin J Oliver Federal Circuit holds that time bar determinations for inter partes reviews may be appealed

USA - Fitzpatrick, Cella, Harper & Scinto

Authors: Justin J Oliver, David D Leege
Alexander Vida Zero likes for mark that infringes Facebook's reputation

Hungary - Danubia Patent & Law Office LLC

Author: Alexander Vida
Tom Ekeberg Proposed new rule regarding reversed burden of proof

Norway - Zacco

Author: Tom Ekeberg
Szymon Gogulski New act on collective management of copyright and related rights

Poland - Sołtysiński Kawecki & Szlęzak

Authors: Szymon Gogulski, Jacek Zwara

Upcoming event

IPBC Europe 2018

March 20-21 2018 – Amsterdam

With a long track record of delivering must-have IP value creation information, IAM has created IPBC Europe to focus specifically on the challenges facing IP managers inside European businesses looking to devise and build sustainable strategies for a rapidly changing world. Taking place in Amsterdam in March 2018, the event will provide IP owners in Europe with tools and insights that will enable them to craft world-class IP management and value creation programmes

For more details go to: