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Intellectual Property

14 May 2018
Daniel R Zuccherino New trademark opposition system

Argentina - Obligado & Cia

Decree 27/2018 was recently issued with the aim of further reducing and simplifying the regulations of different regimes in order to improve commerce and industry. In the IP sphere, the decree introduced important and substantial changes to the trademark opposition system. As a result, the administrative authority will be empowered to settle disputes concerning oppositions that cannot be resolved between the parties by means of negotiation.

Author: Daniel R Zuccherino
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Andrew Mandlsohn Patented Medicine Prices Review Board releases March 2018 newsletter

Canada - Smart & Biggar/Fetherstonhaugh

The Patented Medicine Prices Review Board (PMPRB) recently released its March 2018 newsletter (the first since July 2017). Highlights include an update on the PMPRB guidelines, the release of the PMPRB's 2016 annual report and notice that several publications will be released in 2018.

Author: Andrew Mandlsohn
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Brandon Heard Federal Court declares invalid patent for medical device measuring osmolarity of tear film

Canada - Smart & Biggar/Fetherstonhaugh

The Federal Court recently found certain claims of a patent relating to a chip for measuring the osmolarity of a sample of bodily fluid, including tear film, invalid on the basis of obviousness and anticipation. The court agreed with the claim construction urged by the plaintiffs, finding that the claims encompassed both in vivo and ex vivo applications of the invention. Thus, the defendant's competing medical device – which measured osmolarity in vivo – fell within the scope of the claims.

Author: Brandon Heard
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Guillem Villaescusa Results of Barcelona commercial courts' MWC 2018 protocol

Spain - Grau & Angulo

Foreseeing possible conflicts between the companies participating in the Mobile World Congress 2018, the Barcelona commercial courts adopted a specific protocol to protect technology patents, industrial designs, trademarks and copyright and defend against unfair competition and unlawful advertising acts in relation to products and materials displayed at the event. The judges recently issued a report regarding the protocol's application, results and implementation, as well as the proposals to be made in this regard.

Author: Guillem Villaescusa
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Recent updates

Juel Barnett When is a descriptive mark not a descriptive mark?

South Africa - KISCH IP

Author: Juel Barnett
Katie Lee New use patent valid and infringed by biosimilar

Canada - Smart & Biggar/Fetherstonhaugh

Authors: Katie Lee, Urszula Wojtyra
Tsung-Yuan Shen Proving infringement using patented manufacturing process

Taiwan - Lee and Li Attorneys at Law

Author: Tsung-Yuan Shen
Victoria Santis INAPI designated as international searching and preliminary examining authority

Chile - Montt y Cia SA

Author: Victoria Santis
Okan Can All rights reserved – advantages of copyright registration

Turkey - Deris Attorney At Law Partnership

Authors: Okan Can, Ahmet Bekereci, Soley Oygucu
Ignacio Pontijas Barcelona patent court revokes preliminary injunction granted ex parte in NuvaRing case

Spain - Grau & Angulo

Author: Ignacio Pontijas
Christopher Loh Supreme Court hears oral argument on lost profit patent damages

USA - Fitzpatrick, Cella, Harper & Scinto

Author: Christopher Loh
Cesare Galli Is figurative mark containing word 'Mafia' contrary to public policy?

European Union - IP Law Galli

Author: Cesare Galli

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.

For more details go to:

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.

For more details go to: