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Intellectual Property

23 November 2020
Daniel R Zuccherino Trade secrets legal regime – an updated overview

Argentina - Obligado & Cia

In Argentina, confidential information and trade secrets are protected by Section 39.2 of the Agreement on Trade-Related Aspects of Intellectual Property Rights, Section 156 of the Argentine Penal Code, Law 24,766 (the Confidentiality Law) and the recently passed Emergency Decree 274/2019, which regulates different unfair competition aspects. This article provides an overview of the Argentine trade secrets legal regime.

Author: Daniel R Zuccherino
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Abigail Smith Few significant changes made in final PMPRB guidelines

Canada - Smart & Biggar

The Patented Medicine Prices Review Board recently published the final version of its guidelines which operationalise the amendments to the Patented Medicines Regulations scheduled to come into force on 1 January 2021. This article provides a brief summary of the final framework for the price review process and highlights changes relative to the June 2020 draft guidelines.

Authors: Abigail Smith, Nancy Pei, Daphne Lainson
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Urszula Wojtyra Federal Court orders minister of health to issue NOC to Fresenius Kabi for biosimilar

Canada - Smart & Biggar

Justice Manson of the Federal Court recently ordered the minister of health to issue a notice of compliance to Fresenius Kabi for IDACIO (adalimumab), a biosimilar of AbbVie's HUMIRA. The minister of health had completed its review of Fresenius Kabi's new drug submission for IDACIO; the only outstanding issue was whether Fresenius Kabi had addressed the patents listed on the Patent Register in respect of HUMIRA.

Author: Urszula Wojtyra
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Wu Xiaohui Bolar exemption does not apply to offering to sell patented drugs

China - Wanhuida Intellectual Property

The China National Intellectual Property Administration recently released details of 10 exemplary patent administrative enforcement cases from 2019. One selected case concerned a patent infringement dispute relating to the anti-tumour drug sorafenib, which has been selected for its significance in respect of the application of the Bolar exemption.

Author: Wu Xiaohui
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Hitomi Iwase Revisions to Copyright Act to tackle online pirating

Japan - Nishimura & Asahi

In the past decade, the Japanese manga and entertainment industries have been severely damaged by pirate sites which typically operate on servers located in jurisdictions lacking sufficient copyright protection. To address these issues, the 2020 revisions to the Copyright Act introduced new measures to crack down on leech websites and expand the scope of illegal downloading.

Authors: Hitomi Iwase, Michiko Kinoshita
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Marco Vatta Wine as case study for diverse IP rights

South Africa - Spoor & Fisher

With regard to the IP rights that exist in viticulture and viniculture, winemaking provides a comprehensive case study when unpacking plant breeders' rights, registered designs, patents and trademarks. At each step of the winemaking process, products of the human intellect or creations of the mind are at play. This is exciting, but contains a worthwhile lesson for those developing or manufacturing a product: there are IP rights that come into existence and they may require legal protection.

Author: Marco Vatta
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Marcella Ballard Seeing green post-Election Day 2020: state trademarks for cannabis goods and services

USA - Venable LLP

Arizona, Montana, New Jersey and South Dakota have voted to legalise recreational marijuana use for individuals aged 21 years and older and Mississippi has voted to allow prescribed medical marijuana for people with certain conditions. While the specific regulatory frameworks concerning cannabis in these states have yet to be determined, companies involved in the cannabis industry should begin thinking now about what requirements exist to secure trademark rights for cannabis-related goods and services.

Authors: Marcella Ballard, Kristen Ruisi, Maria Sinatra
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Recent updates

Ian Mirandah What's in a name? Petsmart Inc fails to prove that Vietnamese pet business infringed its trademark

International - Mirandah Asia

Author: Ian Mirandah
Binbin Du Does use of trademark in title of product sold online constitute trademark infringement?

China - Wanhuida Intellectual Property

Author: Binbin Du
Jae-sang Lim Relying on KIPO to combat infringement

South Korea - NAM & NAM

Author: Jae-sang Lim
Y Artemis Lai CIPO's new guidelines on patentable subject matter explained

Canada - Smart & Biggar

Author: Y Artemis Lai
Dennis J McMahon Five things to know about protecting IP rights on Amazon

USA - Venable LLP

Author: Dennis J McMahon
Björn Rundblom Andersson Do Swedish patent licence agreements last for the life of a patent unless otherwise specified?

Sweden - Westerberg & Partners Advokatbyrå Ab

Author: Björn Rundblom Andersson
Beatriz Bejarano Preliminary injunction issued for the issuance of European certificates of conformity for face masks under infringing sign

European Union - Grau & Angulo

Author: Beatriz Bejarano
Marilena Nikolaraki New Trademark Law aligns Greek regime with that of European Union

Greece - A & K Metaxopoulos & Partners Law Firm

Author: Marilena Nikolaraki

Upcoming events

IPBC Global 2021

14-16 November 2021

IPBC Global will bring the world’s IP business leaders back together again in 2021 when it reconvenes in Seattle, the fastest growing tech hub in the United States and home to some of the most innovative businesses on the planet. From 14 to 16 November 2021, attendees at the world’s leading IP event will enjoy unsurpassed networking and deal-making opportunities, as well as the chance to join high-level discussions around the key challenges facing those responsible for developing IP business strategies now and into the future.

For more details please visit:

IAM Industry Review 2020

30 November – 9 December 2020

Most of the world’s major economies have been subject to some kind of pandemic-induced lockdown in 2020, but that does not mean that everything has stopped. As well as adjusting to the multiple practical and strategic challenges posed by COVID-19, IP professionals in a number of key industries have also had to absorb regulatory developments, potentially game-changing court decisions, new legislation, big deals and a shifting patent landscape. IAM’s Industry Review 2020 will focus on five key business sectors: life sciences; telecoms; automotive; software and AI; and semiconductors. For each one, leading experts will explore the year’s ups, downs and pivotal moments, while dissecting what they will mean for 2021.

For more details please visit: