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Intellectual Property

11 November 2019
Steven Garland Supreme Court rules on Crown copyright

Canada - Smart & Biggar

The Supreme Court recently issued a highly anticipated decision in which it found that Ontario holds the copyright in plans of survey published by the third-party operator of the province's electronic land registry system. This case was the Supreme Court's first opportunity to examine the scope and application of Crown copyright in the nearly 100 years since the enactment of the applicable provision under the Copyright Act.

Authors: Steven Garland, Theodore W Sum
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Paul Ranjard TRAB releases statistical analysis on 2018 trademark administrative cases

China - Wanhuida Intellectual Property

The Trademark Review and Adjudication Board (TRAB) has released analysis of its decisions that were challenged before the courts in 2018. In addition to this analysis, the TRAB has provided comments on the admissibility of evidence in cancellation cases based on non-use for three consecutive years. This article provides an in-depth overview of the TRAB's findings.

Authors: Paul Ranjard, Nan Jiang
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Karen Kitchen The power of part marks

South Africa - KISCH IP

Copycat products imported into South Africa often replicate well-known brands. In such cases, an analysis must be undertaken to determine whether the owner of the legitimate well-known brand can sue based on various grounds. In this respect, although word marks are often seen as the most important because they are a brand's primary name, from an enforceability perspective, filing a part mark can help to avoid ambiguity.

Author: Karen Kitchen
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Beatriz Bejarano Copyright protection: impact of recent ECJ decision on Spanish legal framework

Spain - Grau & Angulo

A recent European Court of Justice judgment is good news for EU designers as it confirms what has already been stated by some Spanish courts – namely, that a design need not have artistic merit, aesthetic value or a particular visual attraction to qualify for copyright protection. Although the judgment was issued in response to a ruling by the Portuguese courts, it will undoubtedly have clear consequences throughout the European Union. This article examines the decision in view of the Spanish legal framework.

Author: Beatriz Bejarano
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Sıla Başaran Non-registered cartoon characters may enjoy trademark protection in Turkey

Turkey - Deriş Patents and Trademarks Agency

The physical appearance, name, expressions used and other distinctive components relating to or associated with copyrighted works or characters may enjoy trademark protection in Turkey irrespective of whether they are registered there. The aim of this approach is to prevent third parties from profiting from infringing trademarks.

Author: Sıla Başaran
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Ha Kung Wong Can Congress speed biosimilars to market by limiting patent litigations?

USA - Venable LLP

Thus far, biosimilar uptake has been low in the United States, with market shares for most biosimilars under 10%. Given the cost-saving potential, trying to increase biosimilar uptake has been high on Congress's agenda and there are many bills pending before it dealing with issues from a variety of angles. But will they actually help to bring biosimilars to market more quickly?

Authors: Ha Kung Wong, April Breyer
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Recent updates

Brandon Heard Certificate of supplementary protection regime: second anniversary update

Canada - Smart & Biggar

Authors: Brandon Heard, Nancy Pei, Eric Saragosa, Daphne Lainson
Jason Yao IP enforcement strategies against counterfeit market sellers

China - Wanhuida Peksung IP Group

Author: Jason Yao
Hans Eriksson Blocking injunctions – proportionality and right of access to information

Sweden - Westerberg & Partners Advokatbyrå Ab

Authors: Hans Eriksson, Petter Larsson
Cesare Galli Artistic value and copyright protection for industrial designs

Italy - IP Law Galli

Author: Cesare Galli
Barbara Krystkowiak Criminal sentence for possession of infringing FC Barcelona t-shirts

Spain - Grau & Angulo

Author: Barbara Krystkowiak
Bram Woltering Court rules on inventor's failure to transfer patent

Netherlands - AKD The Netherlands

Author: Bram Woltering
Szymon Gogulski Supreme Court judgment on copyright of deceased artist

Poland - Sołtysiński Kawecki & Szlęzak

Authors: Szymon Gogulski, Jacek Zwara
Octavio Espejo Plausibility: new patentability requirement?

International - Becerril Coca & Becerril SC

Author: Octavio Espejo

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:
https://www.iam-events.com/IOTIP

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:
http://events.ipbc.com/events/ipbc-latin-america-2019/event-summary-fc2db92abd344ed9817b3cc876e0f664.aspx

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:
https://web.cvent.com/event/cfc95891-a1c2-4154-8997-689cc69c49a3/summary

IP Risk Management USA 2020

4 February 2020 - San Jose, California

IP may be the single most important asset a company possesses. Whether it is physical or digital, customer data or operational information, trade secrets or business strategies, IP is often the main driver of revenue for any organisation. As IP becomes a more valuable corporate asset, managing the risks around it become a major business priority. IAM’s inaugural IP Risk Management series will provide organisations with best practices for identifying, evaluating, managing and mitigating IP risks within the business.


For more details go to:
https://web.cvent.com/event/f6a063fe-94a9-450f-8d1c-1004c8d57d9a/regProcessStep1?rp=00000000-0000-0000-0000-000000000000

IP Risk Management Europe 2020

20 March 2020 – London, UK

IP may be the single most important asset a company possesses. Whether it is physical or digital, customer data or operational information, trade secrets or business strategies, IP is often the main driver of revenue for any organisation. As IP becomes a more valuable corporate asset, managing the risks around it become a major business priority. IAM’s inaugural IP Risk Management series will provide organisations with best practices for identifying, evaluating, managing and mitigating IP risks within the business.


For more details go to:
https://web.cvent.com/event/10e6682d-060a-41b0-a354-c39c4b7d8d8b/regProcessStep1?rp=00000000-0000-0000-0000-000000000000

IPBC Europe 2020

24-25 March 2020 – Dublin, Ireland

After 2019’s sell-out event in Paris, next year’s IPBC Europe – Europe’s foremost conference about IP value creation – will take place in Dublin from 24 to 25 March, 2020. Being held at the prestigious Shelbourne Hotel, the event will once again be Europe’s leading gathering of senior IP professionals from European companies of all sizes.


For more details go to:
https://web.cvent.com/event/da40c6fa-0fd5-41d3-be58-cf6da07bbb7d/regProcessStep1?rp=00000000-0000-0000-0000-000000000000

Managing and Mitigating Risk in Intellectual Assets

26 March, 2020 – London, UK

IP may be the single most important asset a company possesses. Whether it is physical or digital, customer data or operational information, trade secrets or business strategies, IP is often the main driver of revenue for any organisation. As IP becomes a more valuable corporate asset, managing the risks around it become a major business priority. IAM’s inaugural IP Risk Management series will provide organisations with best practices for identifying, evaluating, managing and mitigating IP risks within the business.


For more details go to:
https://web.cvent.com/event/10e6682d-060a-41b0-a354-c39c4b7d8d8b/regProcessStep1?rp=00000000-0000-0000-0000-000000000000

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