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Intellectual Property

28 September 2020
Katia De Clercq Laboratoire de la Mer and Omega Pharma in disguised trademark infringement claim procedure

Belgium - GEVERS

This article has been removed at the request of the contributing firm.

Author: Katia De Clercq
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David Schwartz 8 important life sciences IP issues for innovators doing business in Canada

Canada - Smart & Biggar

The US-Canada border is the longest border between any two countries and US goods and services trade with Canada totalled an estimated US$718.5 billion in 2018, possibly the largest bilateral trade volume between two individual countries. Given the extensive integration of the Canadian and US economies, US life sciences companies can expect to have Canadian business interests. This article highlights eight life sciences IP issues of importance for innovators doing business in Canada.

Author: David Schwartz
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Graham Hood Not all pun and games: Federal Court not amused with cannabis company's brand parody

Canada - Smart & Biggar

A recent Federal Court decision illustrates the danger of adopting a mark or name inspired by a famous or well-known brand, even when confusion is unlikely. The decision is a cautionary tale, particularly for those in burgeoning industries, such as Canada's cannabis industry, which may wish to piggyback on an established brand's goodwill and reputation.

Author: Graham Hood
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Johnson Li Landmark judicial interpretation promulgated in patent administrative cases

China - Wanhuida Intellectual Property

The Supreme People's Court recently promulgated the Provisions on Several Issues Concerning the Application of Laws in Adjudicating Administrative Cases Involving Granting and Affirmation of Patent Rights, which is the first judicial interpretation concerning the trial of patent administrative cases. This article summarises the judicial interpretation's main points.

Author: Johnson Li
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Kunal Seth Parody – fair dealing versus infringement

India - Saikrishna & Associates

Various jurisdictions provide protection to parodies under the doctrines of fair use and fair dealing. However, the lack of a concrete definition of 'fair dealing' under Indian law creates various pitfalls regarding the term's legal interpretation. Copyright does not protect ideas but only the specific form of expression of the same. Arguably, a definition of parody, outlining its scope and limitations and balancing these competing rights, may be a solution to this issue.

Author: Kunal Seth
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Young-min Kim Patentee protection strengthened in series of revisions to patent law

South Korea - NAM & NAM

In South Korea, the low amount of damages awarded by the courts in patent infringement cases has long been criticised. To address this, a treble damages system (implemented in July 2019) and an improved method for calculating the amount of damages (to be implemented on 10 December 2020) have been introduced. This article looks at these changes in detail, as well as a proposed law revision to improve evidence collection.

Author: Young-min Kim
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Meaghan Kent Supreme Court denies copyrightability of Georgia code annotations

USA - Venable LLP

A recent Supreme Court decision may seem like it boiled down to an esoteric argument over the correct interpretation of a series of cases decided in the 19th century – and it did – but the ramifications of the decision will be felt in 2020 and beyond. The court, by a slim five-to-four majority, held that the annotations in Georgia's official code are not copyrightable.

Authors: Meaghan Kent, Katherine C Dearing
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Recent updates

Martin L Saad Supreme Court eases path to profits recovery in Lanham Act cases

USA - Venable LLP

Author: Martin L Saad
Sanaya F Vachha Generic trademarks and deceptive marketing practices: Competition Commission rejects genericism defence

Pakistan - Vellani & Vellani

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

South Korea - NAM & NAM

Authors: Sung-Yeon Cho, Jonathan Masters
Zhigang Zhu Guangzhou IP Court reaffirms legality of parallel imports

China - Wanhuida Intellectual Property

Author: Zhigang Zhu
Hans Eriksson Joint handling of patent infringement claims and contractual claims in Swedish IP courts

Sweden - Westerberg & Partners Advokatbyrå Ab

Authors: Hans Eriksson, Josefine Linden
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
Tishya Pandey Delhi High Court evaluates anti-suit injunction in trademark suit

India - Saikrishna & Associates

Author: Tishya Pandey

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

IP 2020

17-19 November 2020

From the fight against COVID-19 to the US election, 2020 has been a year of significant change with much of the world adapting to the new normal and the United States gearing up for either a second Trump term or a new Biden administration. IAM’s IP 2020, which will be hosted virtually in November 2020, will provide IP experts an opportunity to break down and assess the latest dynamics of the US patent system – from policy making on Capitol Hill and the most significant Federal Circuit case law to the latest ins and outs of district court litigation and the ongoing evolution of the US Patent Trial and Appeal Board.


For more details please visit:
https://cvent.me/4BorLe?RefId=LEX

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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