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Intellectual Property

21 September 2020
Zhigang Zhu Guangzhou IP Court reaffirms legality of parallel imports

China - Wanhuida Intellectual Property

The Guangzhou IP Court recently upheld a first-instance judgment which had dismissed a trademark infringement claim against parallel imported products. The decision reaffirms the judicial practice that the import of non-counterfeit goods without the express permission of the trademark owner is not illegal in China, provided that the imported products comply with China's compulsory certification requirements and the importer does not modify, in any way, the imported product.

Author: Zhigang Zhu
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Sanaya F Vachha Generic trademarks and deceptive marketing practices: Competition Commission rejects genericism defence

Pakistan - Vellani & Vellani

Pursuant to a complaint of fraudulent use of a registered trademark, logo and packaging design, the Competition Commission initiated an inquiry into, and thereafter issued show cause notices to, two respondents for engaging in deceptive marketing practices under the Competition Act. Similarly, an inquiry was initiated against New Yorker Pizza for alleged deceptive marketing practices based on a complaint filed by The New York Pizza.

Author: Sanaya F Vachha
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Sung-Yeon Cho Relaxing of Enforcement Rules of the Design Protection Act from September 2020

South Korea - NAM & NAM

Continuing the trend of relaxed requirements for design applications, the Enforcement Rules of the Design Protection Act have been further eased in several aspects. This article explains the changes which affect mixed drawing formats, font designs in the TrueType font format and further categories of design which will be eligible for partial examination from 1 December 2020.

Authors: Sung-Yeon Cho, Jonathan Masters
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Hans Eriksson Joint handling of patent infringement claims and contractual claims in Swedish IP courts

Sweden - Westerberg & Partners Advokatbyrå Ab

In the Swedish legal system, the specialist IP courts handle patent infringement claims, while the general courts handle contractual claims. But such different claims can be combined and handled jointly by the specialist courts under certain circumstances. In a recent case, the Supreme Court clarified under which circumstances patent claims and such civil claims can be combined and handled jointly.

Authors: Hans Eriksson, Josefine Linden
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Martin L Saad Supreme Court eases path to profits recovery in Lanham Act cases

USA - Venable LLP

In April 2020 the Supreme Court ruled that a plaintiff in a Lanham Act trademark infringement case may recover a defendant's profits without having to prove that the defendant acted wilfully. This precedential decision makes it easier for plaintiffs to obtain monetary recovery for trademark violations and false advertising under the Lanham Act.

Author: Martin L Saad
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Recent updates

Petter Larsson Objective necessity to rebox in parallel trade and implementation of EU Falsified Medicines Regulation

Sweden - Westerberg & Partners Advokatbyrå Ab

Authors: Petter Larsson, Jonas Löfgren
Jurriaan Dane Groundbreaking judgment will result in quicker refusal of Benelux trademark applications for descriptiveness

International - AKD NV

Authors: Jurriaan Dane, Bram Woltering
Monica Syrdal Monster unleashed the beast, but was shot down by the court

Norway - Advokatfirmaet Hjort

Authors: Monica Syrdal, Øivind K Foss
Rebecca Liebowitz Pigment of our imagination? Colour trademarks could be inherently distinctive

USA - Venable LLP

Authors: Rebecca Liebowitz, Renato Pérez
Tishya Pandey Delhi High Court evaluates anti-suit injunction in trademark suit

India - Saikrishna & Associates

Author: Tishya Pandey
Hsiu-Ru Chien Is appearance design of drugs subject to protection under Fair Trade Act?

Taiwan - Lee and Li Attorneys at Law

Authors: Hsiu-Ru Chien, Yu-June Tseng
Beatriz Bejarano Modification of exceptional measures adopted due to COVID-19

Spain - Grau & Angulo

Author: Beatriz Bejarano
Qingqing Sang CNIPA upholds opposition filed by Marlon Brando's estate

China - Wanhuida Intellectual Property

Author: Qingqing Sang

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

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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