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Intellectual Property

15 July 2019
Alexander Vida What happens when an EU mark is not well known in Hungary?

Hungary - Danubia Patent and Law Office LLC

The Hungarian Intellectual Property Office (HIPO) recently refused to register a mark on the basis that the opponent had proved its prior mark's reputation in a substantial part of the European Union. The applicant requested a review by the Metropolitan Tribunal, contesting the significance of the HIPO's decision for Hungary if reputation could be proved only in other EU member states. As the tribunal had doubts in this regard, it referred the case to the European Court of Justice for the first time.

Author: Alexander Vida
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Cesare Galli Patent Cooperation Treaty patents allowed

Italy - IP Law Galli

The so-called 'Growth Decree' includes a rule which allows an Italian patent application to be filed based on an international patent application filed under the Patent Cooperation Treaty. The adoption of this provision offers companies a cheaper alternative where the potential exploitation of an invention does not justify the investment required to obtain a European patent. The provision responds to a pressing practical need and is a welcome change.

Author: Cesare Galli
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Paulo Monteverde New Industrial Property Code enters into force

Portugal - Baptista Monteverde & Associados

The new Industrial Property Code recently entered into force with a number of amendments resulting from the implementation of the EU Trademark Regulation. Most of the changes represent a real break with the previous legal framework. The main changes concern trademark registration, the scope of rights conferred by patents and limitations on the subject matter of utility models.

Author: Paulo Monteverde
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Jadon Wolmarans What to do when your product is copied

South Africa - KISCH IP

South Africa has seen a dramatic rise in entrepreneurial activity, with many seeking to launch new products in the marketplace. However, with the success of a product comes the risk of the idea being copied and advantage being taken of the already established route to market, thereby affecting the original product's sales and brand. Therefore, any party that creates or legitimately distributes a product that they believe will be well received must take the appropriate steps to protect it.

Author: Jadon Wolmarans
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Ignacio Pontijas Effectiveness of protective briefs in pharmaceutical patent matters

Spain - Grau & Angulo

In order to better understand the usefulness of protective briefs, this article examines some recent cases that show that protective briefs can, in certain cases, reduce or even eliminate the risk of an ex parte preliminary injunction and the inconveniences associated therewith.

Author: Ignacio Pontijas
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Recent updates

Brandon Heard Supreme Court of Canada denies Apotex leave to appeal in two cases

Canada - Smart & Biggar/Fetherstonhaugh

Author: Brandon Heard
Christopher Loh Federal Circuit panel holds that state sovereign immunity does not apply to inter partes review

USA - Venable LLP

Author: Christopher Loh
Benjamin Z Lerma Riding on popularity of foreign brands

Philippines - Romulo Mabanta Buenaventura Sayoc & De Los Angeles

Author: Benjamin Z Lerma
Alexander Vida No victory for sports giant Decathlon: limits of enforcement based on reputed mark

Hungary - Danubia Patent and Law Office LLC

Author: Alexander Vida
Elisenda Perelló Exception to exhaustion of trademark rights principle enforceable for non-luxury marks

Spain - Grau & Angulo

Author: Elisenda Perelló
Zhanhua Sun CNIPA releases draft amendment to patent examination guidelines

China - Wanhuida Peksung IP Group

Authors: Zhanhua Sun, Xiaoling Duan
Bram Woltering Unauthorised filing of trademarks by agent or representative

Netherlands - AKD The Netherlands

Author: Bram Woltering
Chisako Yagi TOP-SIDER case: improper use and cancellation of trademark registration

Japan - Nishimura & Asahi

Author: Chisako Yagi

Upcoming events

Software IP 2019

2 October 2019 – Silicon Valley, Hyatt Place San Jose

Software is not just a thriving industry in its own right; these days it’s also an integral part of most industries. But as quickly as innovation arise, so to do challenges for IP executives and their advisers. IAM’s third annual Software IP event heads to Silicon Valley (2 October) to provide a platform for discussion around creating value from software IP and devising new protection strategies in areas such as AI, open source and SaaS.


For more details go to:
https://www.iam-events.com/SoftwareIP2019

Patent Licensing 2019

3 October 2019 – San Francisco, Mission Bay Conference Centre

Although the licensing landscape is turbulent, there are still major opportunities for both licensors and licensees to conclude win-win agreements. But to do this, dealmakers need strategies to overcome the many obstacles and hurdles that they face, both internally and externally. IAM’s fifth annual Patent Licensing conference (San Francisco, 3 October) will provide licensors and licensees with best practices and innovative techniques for successfully negotiating deals.


For more details go to:
https://www.iam-events.com/PatentLicensing2019

Brand Protection Online Europe 2019

14 October 2019 – London, etc.venues Monument

In the developing digital age, the requirements of brand protection have evolved in response to increasing threats around cybersecurity, advances in technology and the shifting roles and responsibilities within a business. Following a successful launch in Chicago earlier this year, Brand Protection Online heads to London on 14 October, gathering senior brand experts to discuss state-of-the-art online brand protection strategies.


For more details go to:
https://www.wtr-events.com/BPOEurope

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