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Intellectual Property

15 April 2019
Andrew Mandlsohn Apotex seeks leave from Supreme Court of Canada in cefaclor damages action

Canada - Smart & Biggar/Fetherstonhaugh

The Federal Court of Appeal recently allowed in part Apotex's appeal of a decision awarding Eli Lilly more than C$100 million for Apotex's infringement of eight process patents relating to the antibiotic cefaclor. The court rejected Apotex's argument that a non-infringing alternative would have been available to Apotex during the relevant period. The case was remitted to the Federal Court for reconsideration on the issue of prejudgment interest; Apotex has applied to the Supreme Court of Canada for leave to appeal.

Author: Andrew Mandlsohn
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Philip Lapin Save money: renew all trademark registrations now

Canada - Smart & Biggar/Fetherstonhaugh

The new trademark law will take effect on 17 June 2019. Among the changes is a new fee-per-class structure, under which the government renewal fee will be C$400 for the first class and C$125 for each additional class. Brand owners can potentially realise huge savings if they take steps to renew all of their existing Canadian trademark registrations before the new law takes effect.

Author: Philip Lapin
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Héctor Elias Chagoya Multiple dependent claims: clarity over cost

Mexico - Becerril, Coca & Becerril SC

The need to control costs in jurisdictions where government fees increase substantially based on the number of claims often forces patent practitioners to use various claim drafting strategies, including multiple dependent claims. However, multiple dependent claims must be drafted carefully, as there is a risk that they could be considered unclear or contain features which are inconsistent with those of the claims on which they are based.

Author: Héctor Elias Chagoya
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Tsung-Yuan Shen Supreme Administrative Court interprets teaching away requirements

Taiwan - Lee and Li Attorneys at Law

The Supreme Administrative Court recently considered whether a patent lacked an inventive step due to teaching away. The disputed patent had been challenged before the Intellectual Property Office, which had rejected the appellee's invalidation action. Under Taiwan's patent examination guidelines, when determining whether a patent has an inventive step, all of the content disclosed in the prior art must be considered, including any prior art that teaches away from the applied-for invention.

Author: Tsung-Yuan Shen
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Recent updates

At van Rooy Patent law overview

South Africa - KISCH IP

Author: At van Rooy
Shuhua Zhang Patent enforcement: administrative or judicial?

China - Wanhuida Peksung IP Group

Author: Shuhua Zhang
Muazzez Korutürk Private expert reports and cross-examination in patent litigation

Turkey - Deris Attorney At Law Partnership

Authors: Muazzez Korutürk, Okan Can
Fernando Becerril New government brings changes for IMPI

Mexico - Becerril, Coca & Becerril SC

Author: Fernando Becerril
Ana-Laura Morales Barcelona Court of Appeal confirms validity and infringement of Nescafé Dolce Gusto patents

Spain - Grau & Angulo

Author: Ana-Laura Morales
Alexander Vida Who owns a mark used by multiple business parties?

Hungary - Danubia Patent and Law Office LLC

Author: Alexander Vida
Philip Lapin Save money: file your multi-class applications now

Canada - Smart & Biggar/Fetherstonhaugh

Author: Philip Lapin
Christopher Benson UKIPO considers distinctiveness of OKAYEST for consumer products

United Kingdom - Taylor Wessing

Authors: Christopher Benson, Tom Hooper

Upcoming events

Auto IP USA 2019

May 8, 2019 – Detroit, USA

Building on three years of success in Detroit, IAM’s Auto IP USA will bring together the leading IP experts from across the automotive landscape. Through thought leadership, discussion and networking, attendees will gain insight into the IP challenges facing those driving change in the new era of mobility.

For more details go to:

Auto IP Europe 2019

16 May 2019 – Munich, Germany

Returning to Munich for its second year, Auto IP Europe will offer IP professionals in the automotive industry the opportunity to hear expert strategies from the complete supply chain – from the OEMs and industry suppliers, to the innovators in high-tech and connectivity.

For more details go to: