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Intellectual Property

24 February 2020
Hui Huang Supreme People's Court Honda OEM case: end of a long story?

China - Wanhuida Intellectual Property

When goods are manufactured in China by an original equipment manufacturer factory for export, the foreign buyer is not always the owner in China of the trademark that is affixed on the goods. But what if the trademark is registered in the name of a third party and such third party decides to sue the factory for infringement and stop the export of the goods? This is a long-debated question of which the courts have demonstrated different understandings.

Authors: Hui Huang, Paul Ranjard
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Samuel Denis Obtaining patent protection for software in Europe

European Union - GEVERS

Under the European Patent Convention, a computer program per se is not considered a patentable invention; rather, program listings per se are protected by copyright. However, in many cases, a computer program can be considered a technical solution to a technical problem and is thus patentable. For a European patent to be granted, applicants must show that this solution is novel and involves an inventive step with respect to prior art.

Author: Samuel Denis
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Michael Sun International Patent Classification: one factor in determining whether motivation to combine multiple citations exists

Taiwan - Lee and Li Attorneys at Law

According to the Patent Examination Guidelines, in order to determine whether a patent application can be easily accomplished by persons ordinarily skilled in the art in view of the citations, it is necessary to consider whether there is motivation to combine multiple citations. Further, such motivation depends on whether the multiple citations are relevant or common in their technical contents.

Author: Michael Sun
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Recent updates

Ruey-Sen Tsai Copyright protection and Fair Trade Act: handbag design issues

Taiwan - Lee and Li Attorneys at Law

Authors: Ruey-Sen Tsai, Celia Tao
Paul Ranjard SPC clarifies requirements for citing prior use defence in trademark infringement cases

China - Wanhuida Intellectual Property

Authors: Paul Ranjard, Hui Huang, Binbin Du
Natasha Mohunlal Conditional acceptance of trademark applications

South Africa - KISCH IP

Author: Natasha Mohunlal
Philip Lapin Trademarks Office issues new limits on time extensions to respond to office actions

Canada - Smart & Biggar

Authors: Philip Lapin, Mark Evans
Barbara Krystkowiak Appeal court upholds criminal sentence for possession of infringing handbags

Spain - Grau & Angulo

Author: Barbara Krystkowiak
Asli Tireli Liability of online marketing platforms for counterfeiting activities

Turkey - Deriş Patents and Trademarks Agency

Authors: Asli Tireli, Serra Coral
Noboru Taniguchi Expanded protection for building and interior designs under revised Design Act

Japan - Nishimura & Asahi

Author: Noboru Taniguchi
Huib Berendschot Competence of district courts in summary proceedings relating to EU community designs

Netherlands - AKD The Netherlands

Author: Huib Berendschot

Upcoming event

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: