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Intellectual Property

02 December 2019
Daniel R Zuccherino Unfair competition and trademark protection

Argentina - Obligado & Cia

The protection provided under industrial property law to commercial signs registered with the National Institute of Industrial Property is more effective than that offered by unfair competition law. It is therefore worth questioning whether unfair competition law exercises any function with regard to the protection of registered signs. There may be sectors in which the protection of a rights holder's interest requires the combined use of IP and competition law.

Author: Daniel R Zuccherino
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Katie Lee Federal Court issues two interlocutory decisions in Section 8 pregabalin case

Canada - Smart & Biggar

The Federal Court recently issued two decisions relating to Pharmascience's claim for Section 8 damages under the pre-amended Patented Medicines (Notice of Compliance) Regulations for its pregabalin product (Pfizer's Lyrica). In the first, the court granted motion for summary trial on the relevance of Pfizer's ex turpi causa defence; in the second, it overturned the prothonotary's order, which had denied Pfizer leave to amend a pleading.

Author: Katie Lee
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Seema S Mansoor Registered trademark deleted from trademark register for non-use

Pakistan - Vellani & Vellani

The Lahore High Court recently heard an appeal of the registrar of trademarks' decision to delete a mark on the grounds of non-use. The appellant had failed to provide sufficient evidence to prove its mark, whereas the respondent had filed extensive documentary evidence to show that it was a bona fide manufacturer and user of the relevant trademark.

Authors: Seema S Mansoor, Sumera Feroz
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Guillem Villaescusa Exhaustion of trademark rights: Barcelona Court of Appeal rules in Schweppes case

Spain - Grau & Angulo

The Barcelona Court of Appeal, following European Court of Justice case law regarding the exhaustion of the trademark rights, recently declared that Red Paralela SL and Red Paralela BCN SL had infringed Schweppes International Limited's Spanish trademarks by importing and commercialising in Spain Schweppes-branded tonics which had been manufactured in the United Kingdom by Coca-Cola/Atlantic Industries, the owner of the UK SCHWEPPES trademarks.

Author: Guillem Villaescusa
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Asli Tireli Assessing individual character of design applications

Turkey - Deriş Patents and Trademarks Agency

A design is accepted as having individual character if its overall impression could be distinguished by a so-called 'informed user' from a prior design made available to the public. Therefore, if the informed user considers the overall impression of a new design to be different from a design previously made available to the public, the latter design will be considered eligible for protection.

Author: Asli Tireli
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Recent updates

Hans Eriksson Blocking injunctions – proportionality and right of access to information

Sweden - Westerberg & Partners Advokatbyrå Ab

Authors: Hans Eriksson, Petter Larsson
Ha Kung Wong Can Congress speed biosimilars to market by limiting patent litigations?

USA - Venable LLP

Authors: Ha Kung Wong, April Breyer
Carla Santa María Orozco Recovering damages for violations of industrial property rights

Mexico - Becerril Coca & Becerril SC

Author: Carla Santa María Orozco
Maria Girbau Conviction for sale of fraudulent software

Spain - Grau & Angulo

Author: Maria Girbau
Okan Can Trademark rights versus freedom of speech

Turkey - Deriş Patents and Trademarks Agency

Authors: Okan Can, Mustafa Akbas
Wu Xiaoping Assessing non-obviousness in improvement drug invention patents

China - Wanhuida Intellectual Property

Authors: Wu Xiaoping, Hu Honghui
Tevin Jones Relationship between cannabis and trademark law

South Africa - KISCH IP

Author: Tevin Jones
Abigail Smith Amgen not precluded from litigating same patent under amended PMNOC regulations

Canada - Smart & Biggar

Author: Abigail Smith

Upcoming events

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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