Intellectual Property updates

Brazil

Contributed by Montaury Pimenta, Machado & Vieira de Mello
BRPTO anticipates Phase II of Patent Prosecution Highway Programme
  • Brazil
  • 18 January 2021

Ordinance 404 recently came into force, establishing Phase II of the Patent Prosecution Highway (PPH) Programme in Brazil. Phase II was published by the Brazilian Patent and Trademark Office in the last week of 2020 and modifies the limits and requirements for requesting participation in the PPH Programme. With this new phase of the PPH Programme, the previous Resolution 252 (establishing Phase I) has been revoked.


China

Contributed by Wanhuida Intellectual Property
Legislative overview 2020: patent law, trade secrets and judicial interpretations
  • China
  • 18 January 2021

During a volatile 2020, China's legislature completed the overhaul of an amendment to patent and copyright law and promulgated varied judicial interpretations and policy documents projected to bring substantial changes to the nation's IP landscape from 2021. These well-coordinated legislative efforts ensure that parties will have detailed rules and criteria to follow and will improve the consistency, predictability and transparency of IP protection in China.


South Korea

Contributed by NAM & NAM
KIPO measures to prevent online counterfeits
  • South Korea
  • 18 January 2021

According to a Korean Intellectual Property Office (KIPO) press release, the number of reports concerning online counterfeits has increased by 204.4% year-on-year following the increase in online shopping during the COVID-19 pandemic. In response, KIPO has devised a number of measures to more effectively combat the rapidly increasing online distribution of counterfeit products while minimising damage to consumers.


Spain

Contributed by Grau & Angulo
Second preliminary injunction request based on amended form of patent dismissed
  • Spain
  • 18 January 2021

In November 2020 Barcelona Commercial Court 1 dismissed the second preliminary injunction request filed by Sanofi against Mylan in relation to an insulin glargine biosimilar product, concluding that the new alleged circumstances did not justify it. In particular, the decision states that the amended form of the patent does not form the basis for the main proceedings on the merits, where Sanofi's petition is yet to be prosecuted and decided.


Taiwan

Contributed by Lee and Li Attorneys at Law
Patent examination pilot programme for start-ups takes effect
  • Taiwan
  • 18 January 2021

The Taiwan Intellectual Property Office recently announced a patent examination pilot programme for start-ups, effective 1 January 2021. Under the programme, start-ups with research and development capabilities will experience a more active and positive examination process which will enable them to better improve their patent portfolios.