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Intellectual Property

April 16 2018
Kwan T Loh How cannabis brand owners can cover their buds with plant breeders' rights

Canada - Smart & Biggar/Fetherstonhaugh

The federal government is moving quickly towards legalising the possession and consumption of cannabis for recreational purposes. Although Canada's cannabis industry is already 'overgrown' with many licensed and unlicensed producers all vying for consumers' attention with different brands and strains of cannabis, only a few have taken advantage of the exclusive rights afforded producers under the Plant Breeders' Rights Act.

Authors: Kwan T Loh, Graham Hood, John Sparks
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Jeremy Want Accounting of profits remedy offers significant benefits to patent owners

Canada - Smart & Biggar/Fetherstonhaugh

The availability of an accounting of profits in Canada as a remedy for patent infringement can offer significant benefits to patentees, including in cases involving infringing goods sourced from Canada that are being sold elsewhere. The availability of such a remedy and a number of other factors, including the ability to expedite proceedings and the lower cost of litigation, make Canada an attractive jurisdiction for patentees from the United States and elsewhere to litigate patent infringement matters.

Authors: Jeremy Want, Daniel Davies
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Yongjian Lei Is your trademark a word mark, a device mark or both?

China - Wanhuida Peksung

The question of how stylised word marks should be examined often arises. In a recent case, an applicant obtained a registration for a word mark comprising three stylised Chinese characters, even though the visual arrangement of the characters rendered it a device mark and not a word mark. One solution to this issue that has been proposed would be to treat such marks as composite trademarks, comprising both a word and a device mark, and thus subject them to substantial examination as both.

Author: Yongjian Lei
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Bram Woltering Benelux Convention on Intellectual Property amendments: what do they mean for Dutch trademark holders?

Netherlands - AKD NV

On June 1 2018 two protocols that amend the Benelux Convention on Intellectual Property will take effect. The amendments will make it possible for Dutch parties to initiate actions before the Benelux Office for Intellectual Property with regard to the opposition, revocation and cancellation of a Benelux trademark. They will therefore have a significant effect on Dutch revocation and cancellation procedures.

Author: Bram Woltering
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Szymon Gogulski Implementing EU Trade Secrets Directive into Polish legal system

Poland - Sołtysiński Kawecki & Szlęzak

The Polish legislature is in the process of implementing the EU Trade Secrets Directive. The new legislation is considered to be generally compliant with the directive and is likely to come into force on June 9 2018. While the legislature should be praised for its attempt to implement the directive on time, work appears to be progressing too quickly in order to discover and eliminate possible deficiencies and guarantee the directive's full implementation.

Authors: Szymon Gogulski, Jacek Zwara
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Kate Shu-Yin Chu TIPO amends examination standards for patent term extension

Taiwan - Lee and Li Attorneys at Law

The Taiwan Intellectual Property Office (TIPO) recently announced amendments to Chapter 11, Part II of the Patent Examination Guidelines. Changes to the definition of 'first market approval' relax the criteria on determination of first market approval but also impose a limitation on the scope of extension to the specific ingredients stated in the market approval according to Article 56 of the Patent Act.

Author: Kate Shu-Yin Chu
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Recent updates

Urszula Wojtyra Federal Court of Appeal confirms patent infringer not entitled to dictate appropriate remedy

Canada - Smart & Biggar/Fetherstonhaugh

Author: Urszula Wojtyra
Zhang Yan GI collective trademark granted judicial protection for first time

China - Wanhuida Peksung

Authors: Zhang Yan, Cao Jin
Sin-Hyun Jin PyeongChang Winter Olympics: government signals that ambush marketing will not be tolerated

South Korea - Kim & Chang

Authors: Sin-Hyun Jin, Alexandra Bélec
Christopher Loh Second Circuit rejects fair-use defence for online service allowing users to watch Fox News content

USA - Fitzpatrick, Cella, Harper & Scinto

Authors: Christopher Loh, Paul W Kalish, Kyle D Coogan
Chisako Yagi RED BULL trademarks: determining well-known status and recognising fame

Japan - Nishimura & Asahi

Author: Chisako Yagi
Benjamin Z Lerma Supreme Court recognises internet bookings as sufficient use of 'W' trademark

Philippines - Romulo Mabanta Buenaventura Sayoc & De Los Angeles

Author: Benjamin Z Lerma
Alexander Vida Do pharmaceutical marks deserve higher level of protection?

Hungary - Danubia Patent & Law Office LLC

Author: Alexander Vida
Seema S Mansoor Effect of disclaimer on registered trademark

Pakistan - Vellani & Vellani

Author: Seema S Mansoor

Upcoming events

IPBC Global 2018

June 10-12 2018 – San Francisco, United States

IAM’s 11th annual IPBC Global offers an unrivalled opportunity to put yourself at the heart of discussions involving those who make the world’s IP weather. Featuring top-level IP business experts, the programme will provide a detailed overview of the developing global IP landscape, explore the implications of recent events, focus on emerging business models and review best-practice value creation strategies. It is the one IP event that you cannot afford to miss.

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IPBC Korea 2018

April 26 2018 – Seoul, Korea

Entering its third year, IAM is pleased to be returning to the JW Marriott Dongdaemun, Seoul, for the third IPBC Korea which has firmly established itself as the leading international IP value creation forum in the jurisdiction. As in previous years the majority of the event’s 225+ delegates will be senior IP executives from leading local corporates from across the Korean corporate landscape and the event offers an unparalleled opportunity to meet and network with this influential audience.

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Auto IP USA 2018

May 8 2018 – Detroit, USA

After last year’s sell-out event, IAM’s third annual Auto IP USA returns to Motor City and will bring together the leading IP experts from key players across the automotive industry at a time when patents, litigation, licensing, brand protection and collaboration are key, not just for IP strategies but also for corporate success.

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Auto IP Europe 2018

May 17 2018 – Munich, Germany

The automotive market is a landscape of unabating change and intellectual property is quickly moving up the corporate agenda. Now more than ever before, patenting, brand protection, litigation, licensing and collaboration are vital not just for IP strategies, but for success. Building on two years of success in Detroit, IAM’s inaugural Auto IP Europe will offer IP professionals in the automotive industry a unique platform on which to learn, share best practice and discuss the latest strategies to exploit and protect their intellectual property and maintain a competitive advantage.

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IPBC Shenzhen 2018

April 20 2018 – Shenzhen, China

Following the great success of recent local-level IPBC events, IAM is pleased to announce the newest in our regional series: IPBC Shenzhen. As China’s powerhouse for industrial, R&D and commercial activity, the sheer concentration of leading IP-owning companies makes Shenzhen the perfect location for our targeted 2018 China event. IPBC Shenzhen will tackle the IP policy developments, market trends and commercial pressures affecting businesses operating in China and those Chinese companies looking to expand their operations overseas. With a dynamic audience of 200+ senior IP executives from leading domestic and international companies, IPBC Shenzhen will offer an unparalleled opportunity for learning, networking and deal making.

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IPBC Taiwan 2018

April 17 2018– Taipei, Taiwan

Building on the success of the inaugural 2016 event, and following the exceptionally positive market feedback we received from local delegates, IAM will return to Taipei in April 2018 for the second biannual IPBC Taiwan. Over 240 senior IP executives attended the sell-out 2016 event with the focus on senior representatives from major IP-owning Taiwanese corporates and their counterparts from across Asia, North America and Europe – providing a fantastic networking opportunity.

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Strategies for finding patent licensing partners

April 25 2018, 16:00 BST – online webinar

How do you find perfect licensees for your patent-protected technologies? Word of mouth? Industry contacts? External consultancies? In a world full of work-enhancing technologies, there's got to be a better way. Join PatSnap's webinar to learn what data is available today to help you find the best licensees, how to find novel applications of technologies like yours, what tools are available to help you analyse licensing data and draw actionable insight from it to develop strategies, and more.

For more details go to: