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Intellectual Property

06 July 2020
Yongming Fan SPC releases draft judicial interpretations on online IP infringement

China - Wanhuida Intellectual Property

The Supreme People's Court recently released for public comment two judicial interpretations that address online IP infringement. Some of the drafts' articles reflect government commitments made during the first phase of the China-US Economic and Trade Agreement, including exempting brand owners from liability for submitting erroneous takedown notices provided that they are submitted in good faith and imposing liability for takedown notices and counter notifications that are submitted in bad faith.

Author: Yongming Fan
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French patents can now be opposed before INPI

France - GEVERS & ORES

Since 1 April 2020 it has been possible to file an opposition to invalidate a French patent directly with the National Industrial Property Institute. Previously, such invalidations had to go through a procedure before the Court of Paris, which created a number of disadvantages – for example, the request was examined by judges without scientific knowledge and required representation by an attorney at law. The length of these legal proceedings, although short, was also a hurdle.

Author: Chantal Noël
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Brent De Jonghe Did you know: domain name registration is no substitute for trademark registration?

International - GEVERS

Unlike a trademark, a domain name is a contractual right which is primarily used to identify a website. In most jurisdictions, it cannot serve as a basis to oppose the commercial use of a sign or the registration as a trademark of a sign that is contained in the domain name. In short, the exclusive character of the domain name holder relates and is limited to the domain name as such.

Author: Brent De Jonghe
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Bram Woltering Use of customs information in relation to parallel imports

Netherlands - AKD

The Hague District Court recently had to answer the question of whether information acquired during a customs seizure under the EU Anti-piracy Regulation may be used for an unauthorised parallel import claim. The regulation provides an effective means and procedure for IP rights holders to request Customs to intercept consignments suspected of containing counterfeit or pirated goods and to have said goods destroyed.

Author: Bram Woltering
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Tuğçe Güven Seizure of goods before liquidation directorate: an effective way to combat counterfeiting activities

Turkey - Deriş Patents and Trademarks Agency

Although customs recordals are one of the most efficient ways to combat counterfeiting activities in Turkey, if goods are smuggled and suspended by customs officers or the police ex officio under the Anti-smuggling Law, IP rights holders cannot act against any suspected counterfeiting activities. However, sales of counterfeit goods may be prevented if IP rights holders are aware of the suspended goods before the directorate general of liquidation and report any suspected infringements expeditiously.

Authors: Tuğçe Güven, Serra Coral
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Marcella Ballard Shop Safe Act 2020: new tool for brand owners in fight against online counterfeits?

USA - Venable LLP

A bipartisan group of representatives in the US House of Representatives recently introduced the Stopping Harmful Offers on Platforms by Screening Against Fakes in E-Commerce Act to help stem the growing concern over counterfeit products being offered for sale on online third-party marketplace e-commerce platforms. Although e-commerce is a relatively new retail platform, it has been capturing larger percentages of sales in the US retail industry.

Authors: Marcella Ballard, Maria Sinatra
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Recent updates

Ruey-Sen Tsai Trademark including well-known stage name of professional athlete should be refused registration

Taiwan - Lee and Li Attorneys at Law

Authors: Ruey-Sen Tsai, Celia Tao
He Wei CNIPA releases exposure draft on Guide for Determining Geographical Indications as Generic Names

China - Wanhuida Intellectual Property

Author: He Wei
Monica Syrdal Supreme Court rules in favour of Apple on trademark debranding

Norway - Advokatfirmaet Hjort

Authors: Monica Syrdal, Øivind K Foss
Julia King IPEC considers trademark infringement and passing off in pet food dispute

United Kingdom - Taylor Wessing

Author: Julia King
Cesare Galli Effective IP rights management to successfully overcome post-crisis challenges

International - IP Law Galli

Author: Cesare Galli
Abigail Smith Amended Patented Medicines Regulations will come into force on 1 January 2021

Canada - Smart & Biggar

Authors: Abigail Smith, Nancy Pei, Daphne Lainson
Hiroshi Suga IP-related support declaration for measures against COVID-19

Japan - Nishimura & Asahi

Authors: Hiroshi Suga, Takatoshi Monya
David Gilat Impact of COVID-19 on patent ecosystem

Israel - Reinhold Cohn Group

Author: David Gilat

Upcoming events

IPBC Global 2020

30 August - 1 September 2020 - The Ritz-Carlton, Chicago

IAM’s 13th annual IPBC Global offers an unrivalled opportunity to put yourself at the heart of discussions involving those who make the world’s IP weather. Featuring top-level IP business experts, the programme will provide a detailed overview of the developing global IP landscape, explore the implications of recent events, focus on emerging business models and review best-practice value creation strategies. It is the one IP event that you cannot afford to miss.


For more details please visit:
https://www.ipbcglobal.com/

Patent Litigation 2020

10 November 2020 - Washington DC, United States

IAM’s Patent Litigation returns to Washington DC for its sixth year, bringing together leading IP experts in both litigation and policy. Well established as the must-attend event for anyone interested in how the legal and political climates shape the patent market, panellists will represent a broad cross-section of the patent community.


For more details please visit:
https://cvent.me/WL7rgn?RefId=Lex+listing

AI IP USA 2020

8 October 2020 - Boston, United States

AI is creating a seismic shift in the way that people interact with technology, disrupting every major industry along the way. But as AI continues to transform day-to-day processes, patent systems and IP managers are battling with its implications. IAM’s inaugural AI IP event will explore the latest strategies and insight that IP managers can use to keep up with AI innovation as it far outpaces the laws surrounding it.


For more details please visit:
https://cvent.me/KbYWGE?RefId=Lex+listing

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