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Intellectual Property

10 August 2020
Abigail Smith Federal Court strikes price calculation provision of amendments to Patented Medicines Regulations

Canada - Smart & Biggar

The Federal Court recently issued its decision on an application for judicial review of the Regulations Amending the Patented Medicines Regulations (Additional Factors and Information Reporting Requirements). The court ruled that Section 3(4), which would expand price calculation requirements in Section 4(4) of the Patented Medicines Regulations to encompass information beyond the first point of sale, was invalid. This article looks more closely into the court's decision and its implications.

Author: Abigail Smith
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Jason Yao SPC publishes draft judicial interpretation on trade secret protection

China - Wanhuida Intellectual Property

The Supreme People's Court recently published the draft Judicial Interpretation on Several Issues Concerning the Application of Law in Civil Litigation on Trade Secret Violation. The draft judicial interpretation provides further details on several matters, including what can be protected as a trade secret, what protective measures a trade secret owner should apply and how damages should be calculated.

Author: Jason Yao
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Kriton Metaxopoulos Journalism and copyright: other defences and exceptions to copyright claims

Greece - A & K Metaxopoulos & Partners Law Firm

Defence strategies in copyright cases are, in principle, based on one of a number of grounds, including an objection as to whether a particular work falls under the protection of Law 2121/1993 on Copyright, Related Rights and Cultural Matters. For example, if a journalist sues a third party for copyright infringement, the defendant might claim that the journalist's work does not meet the criterion of originality if it contains only mere or actual information without any element of the author's personal contribution.

Authors: Kriton Metaxopoulos, Irini Daroussou
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Alexander Vida Every claim of opposition must be examined

Hungary - Danubia Patent and Law Office LLC

The Hungarian Intellectual Property Office (HIPO) recently rejected a trademark opposition in respect of the opponent's prior use and registered the disputed mark. However, as the HIPO failed to consider the opponent's arguments concerning copyright infringement, the Metropolitan Tribunal annulled the decision and ordered a new procedure. In the new procedure, the HIPO must examine whether the opponent sufficiently proved the alleged copyright infringement.

Author: Alexander Vida
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Ian Mirandah DGIP-JPO: PPH request window clearly defined for faster patent examination and grant

Indonesia - Mirandah Asia

The renewal of the memorandum of understanding between the Indonesian Directorate General of Intellectual Property and the Japan Patent Office, comprising part of a joint statement of intent, has brought about an alteration to the possible timing of the filing of a request in connection with the patent prosecution highway programme between the two IP offices (concurrently renewed), which could make the examination and grant of Indonesian patents more efficient for applicants.

Author: Ian Mirandah
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Linda J Zirkelbach DMCA 512 Report: key findings by US Copyright Office

USA - Venable LLP

The US Copyright Office recently issued the long-awaited and first comprehensive government study on the 20-year-old Section 512 of the Copyright Act. The 250-page study contains an incredibly thorough and well-done analysis of the current law in this area, the learned challenges of this provision and the viewpoints of various stakeholders with regard to some of the challenges that exist with Section 512. This article aims to provide a brief overview of the study's key findings.

Authors: Linda J Zirkelbach, Danae Tinelli
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Recent updates

Kriton Metaxopoulos Journalism and copyright: is there a defence similar to fair use or fair dealing?

Greece - A & K Metaxopoulos & Partners Law Firm

Authors: Kriton Metaxopoulos, Irini Daroussou
Christopher Loh Federal Circuit to amend rules for appeals in patent cases

USA - Venable LLP

Author: Christopher Loh
David Daura Supreme Court dismisses cassation appeal against conviction of counterfeit adidas shoe importer

Spain - Grau & Angulo

Author: David Daura
Wenting Liu Authorities to impose stricter penalties for IP infringements

China - Wanhuida Intellectual Property

Author: Wenting Liu
Alexander Vida Hungarian authorities deem device mark SPIRIT to be misleading

Hungary - Danubia Patent and Law Office LLC

Author: Alexander Vida
Nina Goodyear Security over intellectual property

United Kingdom - Taylor Wessing

Authors: Nina Goodyear, Louise Popple
Hsiu-Ru Chien Taiwan-Japan PPH MOTTAINAI becomes permanently effective

Taiwan - Lee and Li Attorneys at Law

Authors: Hsiu-Ru Chien, Elina Yu
Josefine Linden Dynamic blocking injunction against ISPs

Sweden - Westerberg & Partners Advokatbyrå Ab

Authors: Josefine Linden, Stefan Widmark

Upcoming events

WTR Connect 2020

Connecting Global Trademark Leaders

WTR Connect has been purpose-built for trademark and brand protection experts globally. From 6-15 October, WTR will be hosting more than 20 individual interactive digital sessions, designed to facilitate discussion, benchmarking and the sharing of best practice around key topic areas and challenges facing trademark and brand leaders.


For more details go to:
https://web.cvent.com/event/41f2b10d-90db-429e-96e1-e140900360f9/summary?RefId=LEXILO

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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