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Intellectual Property

13 May 2019
Daniel R Zuccherino Sweet tooth: new appellation of origin introduced

Argentina - Obligado & Cia

Law 25,163/1999 and Law 25,380/2000 govern appellations of origin in Argentina for wines and wine-based spirits as well as agricultural and food products, respectively. The Ministry of Production and Labour recently acknowledged a new appellation of origin for a sweet quince paste produced in San Juan that is part of the local culinary tradition and whose characteristics derive from the manufacturing process and the quality of the quinces produced in the province.

Author: Daniel R Zuccherino
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Urszula Wojtyra Competition Bureau publishes final updated IP Enforcement Guidelines

Canada - Smart & Biggar/Fetherstonhaugh

The Competition Bureau recently published the final version of its updated IP Enforcement Guidelines (IPEGs). As noted by the bureau, the "updates are modest". Most of the changes to the IPEGs reflect the 2017 amendments to the Patented Medicines (Notice of Compliance) Regulations and, in particular, the termination of dual litigation.

Author: Urszula Wojtyra
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Joshua Neubarth On the (Quebec health) record: Quebec government liable for patent infringement

Canada - Smart & Biggar/Fetherstonhaugh

In a digital-age David versus Goliath case, the Federal Court recently held that the Quebec government had infringed two patents owned by Dr Luc Bessette relating to a shared medical records system that he had invented 20 years ago. This is the first time that the Quebec government has been held liable for patent infringement and the decision provides important guidance to institutions, enterprises and inventors alike.

Authors: Joshua Neubarth, Marie Christine Bernier
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At van Rooy How to protect new plant varieties

South Africa - KISCH IP

South Africa has no plant patent system, as the Patents Act states that a patent will not be granted for any variety of plant. Therefore, new plant varieties are protected exclusively under the Plant Breeders' Rights Act. However, genetically modified plants could be patentable subject matter under the Patents Act, as they are not strictly classed as new varieties of plant.

Author: At van Rooy
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Ana-Laura Morales Supreme Court ends pharmaceutical companies' battle over TRIPS Agreement

Spain - Grau & Angulo

The Supreme Court recently rejected the extraordinary appeals filed by Pfizer against a Barcelona Court of Appeal judgment, confirming the dismissal of a patent infringement action against sildenafil generics competitors in Spain. This decision represents the end of a long battle regarding the interpretation of Articles 27 and 70 of the Agreement on Trade-Related Aspects of Intellectual Property Rights and their alleged impact on the prohibition on patent chemical and pharmaceutical products as such.

Author: Ana-Laura Morales
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Recent updates

Ursula Baravalle Patentability of biotechnological inventions

South Africa - KISCH IP

Author: Ursula Baravalle
Urszula Wojtyra Supreme Court denies Apotex leave to appeal decision regarding India facilities

Canada - Smart & Biggar/Fetherstonhaugh

Author: Urszula Wojtyra
Alexander Vida Fifty shades of violet: court finds likelihood of similarity between two colour marks

Hungary - Danubia Patent and Law Office LLC

Author: Alexander Vida
Nan Jiang State Council revises regulations for import and export of patented technologies

China - Wanhuida Peksung IP Group

Authors: Nan Jiang, Paul Ranjard
Julia Carretero EU Trademark Court rules on use of well-known trademarks to sell smell-alike perfumes

European Union - Grau & Angulo

Author: Julia Carretero
Roderick Chalmers Hoynck van Papendrecht Not all alterations of architectural works result in infringements of moral rights

Netherlands - AKD The Netherlands

Author: Roderick Chalmers Hoynck van Papendrecht
Noboru Taniguchi Bill introduced to reform Design Act

Japan - Nishimura & Asahi

Author: Noboru Taniguchi
David Daura Criminal sentence for importers of shoes which infringed adidas trademarks and designs

Spain - Grau & Angulo

Author: David Daura

Upcoming events

IBA – 7th Annual World Life Sciences Conference

31 May - 1 June 2019 – Philadelphia, USA

This year's event will feature dynamic roundtable sessions, as well as concurrent sessions covering the hottest topics and the latest developments from across the different sectors of the life sciences industry.

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:

IBA – 5th Global Entrepreneurship Conference

20-21 May 2019 – Copenhagen, Denmark

The 5th IBA Global Entrepreneurship Conference will explore how digitalisation has already disrupted and will further affect various business sectors and examine what role the human factor will have in the post-digitalised business world and society. The conference will focus on the Nordic model and how comprehensive welfare states and progressive societies go hand in hand with free markets and trade to provide a high standard of living.

For more details go to: