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Intellectual Property

14 October 2019
Katie Lee Amended PMNOC Regulations: second anniversary update

Canada - Smart & Biggar

The amended Patented Medicines (Notice of Compliance) Regulations, which came into force two years ago, heralded significant changes to the IP landscape for pharmaceutical companies in Canada. Among other changes, the amendments ended dual litigation and provided innovators with a right of appeal. This article provides an update as of the second anniversary of the amendments.

Authors: Katie Lee, Urszula Wojtyra
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Eleanor Wilson Innovators commence court challenges regarding recent amendments to Patented Medicines Regulations

Canada - Smart & Biggar

The recent amendments to the Patented Medicines Regulations have been the subject of two court challenges launched by groups of innovative pharmaceutical companies – one in the Quebec Superior Court and the other in the Federal Court. The applicants before the Quebec court brought a constitutional challenge to the Patented Medicine Prices Review Board provisions of the Patent Act and the regulations, while the applicants before the Federal Court challenged the validity of the amending regulations.

Authors: Eleanor Wilson, Nancy Pei, Daphne Lainson
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Alexander Vida Applicant found to have acted in bad faith in order to abuse trademark protection

Hungary - Danubia Patent and Law Office LLC

The Hungarian Intellectual Property Office recently rejected a trademark application on the grounds of bad faith, finding that the applicant had attempted to register the mark so that he could charge a licence fee when a swimming arena with the same name commenced operations. As bad-faith decisions are rare in trademark cases, this decision would also be relevant in piracy cases.

Author: Alexander Vida
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Takuya Mima Patent Act revisions: new evidence collection system and damages calculation methodology

Japan - Nishimura & Asahi

Japan's patent litigation system has often been said to offer insufficient protection to patentees. As such, recent amendments to the Patent Act aim to improve the effectiveness of the patent litigation system and make it more favourable to patentees (especially small and medium-sized enterprises and start-ups) by introducing a new evidence collection system and a new methodology for calculating damages.

Author: Takuya Mima
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Recent updates

Christopher Benson Claridge's, candles and cautionary tales

United Kingdom - Taylor Wessing

Author: Christopher Benson
Ursula Baravalle Patentability of living things – a South African approach

South Africa - KISCH IP

Authors: Ursula Baravalle, Thomas Schmidt
David C L Chen TIPO introduces new measure to manage design patent application priority claims

Taiwan - Lee and Li Attorneys at Law

Author: David C L Chen
Daniel R Zuccherino Trademark rights and comparative advertising

Argentina - Obligado & Cia

Author: Daniel R Zuccherino
Alexander Vida Metropolitan Tribunal rules lack of similarity after opponent fails to prove reputation

Hungary - Danubia Patent and Law Office LLC

Author: Alexander Vida
Abigail Smith Countdown begins: getting ready for new patented medicines pricing regime

Canada - Smart & Biggar

Authors: Abigail Smith, Daphne Lainson
Héctor Elias Chagoya Plant inventions and patent eligibility trends

Mexico - Becerril Coca & Becerril SC

Author: Héctor Elias Chagoya
Christopher Loh Most important patent cases of 2019 thus far

USA - Venable LLP

Author: Christopher Loh

Upcoming events

IoT IP 2019

20 November 2019 – The Charles Hotel, Munich

IAM’s IoT IP conference will provide a platform for senior IP decision makers across multiple industries to discuss how IP strategies are fundamentally changing to meet the demands of the fourth industrial revolution.

For more details go to:

IPBC Latin America 2019

4 December 2019 – São Paulo, Brazil

In its second year, IPBC Latin America heads to São Paulo (4 December) to showcase and explore winning strategies for managing the IP lifecycle to maximise corporate value. Rights holders from Latin America and beyond will delve into the best practices, enforcement techniques and monetisation options that can be utilised to craft world-class IP management and value creation programmes.

For more details go to:

Managing Trademark Assets Europe 2020

28 January 2020 – London, UK

WTR’s Managing Trademark Assets Europe will bring together trademark counsel and brand experts from a variety of industries. It will provide a space in which to benefit from new insights, discuss best practice and share cutting-edge strategies for cost-effectively building and protecting brands.

For more details go to: