Intellectual Property updates

Canada

Contributed by Smart & Biggar
Federal Court of Appeal remands Remicade new use patent decision on anticipation and obviousness
  • Canada
  • 30 March 2020

In 2018 the Federal Court found that Kennedy's new use patent for infliximab (Janssen's Remicade) was valid and had been infringed by Hospira's biosimilar Inflectra. However, in January 2020 the Federal Court of Appeal released a decision remitting for reconsideration by the trial judge certain issues relating to the validity of Canadian Patent 2,261,630.


China

Contributed by Wanhuida Intellectual Property
Article 4 of new Trademark Law: an efficient weapon against bad-faith trademark filings
  • China
  • 30 March 2020

The fourth amendment of the Trademark Law came into force on 1 November 2019. The revised Article 4 of the law now states that a "trademark filed in bad faith without intention to use shall be rejected". This modified version is also mentioned in Article 44.1 of the law, which provides that any trademark registered in violation of Article 4 and any trademark registered by fraudulent or unfair means will be declared invalid.


Greece

Contributed by A & K Metaxopoulos & Partners Law Firm
Pirated goods – risks for everyone involved
  • Greece
  • 30 March 2020

Trading in pirated and counterfeit goods is widespread in many countries, including Greece. As such, the Trademark Law and the Copyright Law set out significant penalties (eg, long-term imprisonment) and high fines for anyone using, exploiting, putting on the market, selling, distributing or possessing with the intent to distribute to the public products that infringe the trademarks or copyrights of third parties.


USA

Contributed by Venable LLP
Updated trademark rules: electronic filing, applicant email and specimens
  • USA
  • 30 March 2020

The US Patent and Trademark Office (USPTO) has enacted a series of rule changes that will have a significant impact on trademark filers. The widest-scale change is the requirement for electronic filing of all submissions to the USPTO. However, additional application and specimen requirements are likely to have a greater effect on applicants, as compared with prior practice.