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Intellectual Property

30 November 2020
Mark Biernacki Effectively using experts in IP litigation part two: practice

Canada - Smart & Biggar

In IP litigation, the outcome of many high-stakes cases has turned on expert testimony. It is therefore important for litigators to spend time and effort to properly identify, select and prepare expert witnesses. Effective experts may need to construe complex claims through the eyes of a person skilled in the art, assess the state of common general knowledge, conduct tests to show infringement or conduct surveys to assess reputation or likelihood of confusion. This article explores the practical aspects of expert testimony.

Authors: Mark Biernacki, Tierney GB Deluzio
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Shuhua Zhang Stopping patent infringement in four months through administrative action

China - Wanhuida Intellectual Property

LPG Systems recently received an administrative decision from the Beijing Intellectual Property Office ordering an infringer to stop its design patent infringement. Previously, LPG had prevailed in an invalidation proceeding initiated by the infringer against its design patent in which the China National Intellectual Property Administration maintained the validity of this design.

Author: Shuhua Zhang
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Kristen Ruisi Time is of the essence to avoid trademark fee increases set for 2021

USA - Venable LLP

The United States Patent and Trademark Office recently enacted a rule that increases numerous fees for filing trademark applications, maintaining trademark registrations and filing oppositions and cancellations before the Trademark Trial and Appeal Board. Brand owners considering filing new trademark applications, and those with upcoming deadlines, should proceed with filings now to avoid incurring the increased government fees that will take effect on 2 January 2021.

Authors: Kristen Ruisi, Rebecca Liebowitz, Andrew D Price
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Recent updates

Daniel R Zuccherino Trade secrets legal regime – an updated overview

Argentina - Obligado & Cia

Author: Daniel R Zuccherino
Hitomi Iwase Revisions to Copyright Act to tackle online pirating

Japan - Nishimura & Asahi

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

South Africa - Spoor & Fisher

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

USA - Venable LLP

Authors: Marcella Ballard, Kristen Ruisi, Maria Sinatra
Wu Xiaohui Bolar exemption does not apply to offering to sell patented drugs

China - Wanhuida Intellectual Property

Author: Wu Xiaohui
Abigail Smith Few significant changes made in final PMPRB guidelines

Canada - Smart & Biggar

Authors: Abigail Smith, Nancy Pei, Daphne Lainson
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
Jae-sang Lim Relying on KIPO to combat infringement

South Korea - NAM & NAM

Author: Jae-sang Lim

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: