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Intellectual Property

18 March 2019
Kirian Claeyé Desperate times call for ex parte interim measures in patent disputes

Belgium - ALTIUS

Preliminary injunctions are rarely granted on an ex parte basis in Belgium and adversarial debates are considered a cornerstone of legal proceedings which can be deviated from only in cases of absolute necessity. However, ex parte interim measures have been granted in at least four patent disputes in Belgium in recent years, which helps to shed light on the circumstances under which patentees can consider them to be a measure of last resort to stop a threat of infringement.

Authors: Kirian Claeyé, Lauranne Truyens
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Brandon Heard Orders of prohibition relating to polymorphic form patent for Pristiq upheld on appeal

Canada - Smart & Biggar/Fetherstonhaugh

In a pair of decisions, the Federal Court granted orders prohibiting Apotex and Teva from marketing their generic o-desmethyl-venlafaxine succinate products until the expiration of Patent 2,436,668. Both Apotex and Teva appealed the decisions, claiming – among other things – that the application judge had misapplied the test for obviousness and erred in considering several aspects of the inventors' course of conduct. However, the Federal Court of Appeal recently dismissed both parties' appeals.

Author: Brandon Heard
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Jack Su SPC categorically denies extension of trademark registration

China - Wanhuida Peksung IP Group

In a recently published case, the Supreme People's Court reaffirmed that the reputation that a prior mark has built up may be extended to a later mark of the same applicant. However, the court categorically denied that a trademark registration can be extended to other marks through any means other than a renewal. This decision has rendered the widespread practice of extending a trademark registration obsolete.

Authors: Jack Su, Aileen Wu
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Ameet Datta Moral rights: can authors waive their special rights?

India - Saikrishna & Associates

The Copyright Act specifically addresses authors' special rights, which comprise the right to claim authorship of a work and the right to prevent any distortion, modification or mutilation of a work which would be prejudicial to the author's reputation. While jurisprudence on moral rights is still relatively limited, a few foundational cases are emblematic of India's approach and the associated legal issues.

Authors: Ameet Datta, Tishya Pandey
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Kevin Dam What constitutes copyright in South Africa and how can it be protected?

South Africa - KISCH IP

Under South African statute, the owner of copyright in a work is given the exclusive right to perform certain specified acts in respect of that work or to authorise others to do so, thus preventing unauthorised persons from performing those acts. However, only certain specified categories of work defined in the Copyright Act are eligible for copyright protection.

Author: Kevin Dam
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Sarper Sever E-commerce websites and trademark protection

Turkey - Deris Attorney At Law Partnership

The popularity of e-commerce websites in Turkey has grown in recent years. However, while e-commerce websites are important for the economy, their relationship with trademark protection is a controversial topic, as e-commerce website owners provide a platform through which other retailers can sell their products rather than producing products themselves. This article examines the steps that holders and e-commerce websites should take to ensure that their trademarks are fully protected.

Author: Sarper Sever
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Recent updates

Tom Ekeberg The saga is over: Coca-Cola proves unreasonable exploitation of well-known SPRITE mark

Norway - Zacco

Author: Tom Ekeberg
Björn Rundblom Andersson Preliminary injunction denied in Swedish darunavir SPC proceedings

Sweden - Westerberg & Partners Advokatbyrå Ab

Author: Björn Rundblom Andersson
Mark Evans Trademarks in Canada: a year of change and global harmony

Canada - Smart & Biggar/Fetherstonhaugh

Authors: Mark Evans, Jennifer Ponton
Oya Yalvaç Federated European Patent Register – an overview

European Union - Deris Attorney At Law Partnership

Author: Oya Yalvaç
Alexander Vida Facebook secures finding of likelihood of confusion by association

Hungary - Danubia Patent and Law Office LLC

Author: Alexander Vida
Sıla Başaran Copyright protection of TV formats and programmes

Turkey - Deris Attorney At Law Partnership

Author: Sıla Başaran
Daniel R Zuccherino Designations, trade names and the Civil and Commercial Code

Argentina - Obligado & Cia

Author: Daniel R Zuccherino
Héctor Elias Chagoya Mexico moves towards new IP system

Mexico - Becerril, Coca & Becerril SC

Author: Héctor Elias Chagoya

Upcoming events

IPBC Europe 2019

March 27-28 2019 – Paris, France

In the era of the fourth industrial revolution (4IR), European companies are faced with a number of exciting opportunities – but also significant IP challenges. At a time when old methods of managing IP are becoming redundant, IPBC Europe 2019 will explore how IP executives inside the continent’s businesses can devise and build sustainable value creation programmes in a rapidly changing world. At IAM’s IPBC Europe 2019 – taking place in Paris on 27 and 28 March – these issues and more will receive detailed consideration. Designed by and for European IP owners, the programme for IPBC Europe 2019 will explore how IP managers inside the continent’s businesses can devise and build sustainable value creation programmes in the rapidly changing world.

For more details go to:

Auto IP USA 2019

May 8, 2019 – Detroit, USA

Building on three years of success in Detroit, IAM’s Auto IP USA will bring together the leading IP experts from across the automotive landscape. Through thought leadership, discussion and networking, attendees will gain insight into the IP challenges facing those driving change in the new era of mobility.

For more details go to:

Auto IP Europe 2019

16 May 2019 – Munich, Germany

Returning to Munich for its second year, Auto IP Europe will offer IP professionals in the automotive industry the opportunity to hear expert strategies from the complete supply chain – from the OEMs and industry suppliers, to the innovators in high-tech and connectivity.

For more details go to: