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Intellectual Property

18 November 2019
David Schwartz New Patent Rules in force

Canada - Smart & Biggar

Canada has now reached the end of its journey to implement the Patent Law Treaty, with new Patent Rules and associated amendments to the Patent Act recently coming into force. To help ease the transition, this article summarises the more significant changes to Canadian patent practice and procedure that are now in effect.

Author: David Schwartz
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Wu Xiaoping Assessing non-obviousness in improvement drug invention patents

China - Wanhuida Intellectual Property

Drug invention patents protect multiple types of invention, including compounds, crystal forms, dosage forms, preparation methods and uses. Nonetheless, in practice, it is difficult to patent improvement drug inventions in China. In proving the patentability of such an invention, patentees often face difficulties in establishing its non-obviousness (inventiveness).

Authors: Wu Xiaoping, Hu Honghui
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Carla Santa María Orozco Recovering damages for violations of industrial property rights

Mexico - Becerril Coca & Becerril SC

In order to recover damages following a violation of their rights, industrial property owners must first file an administrative infringement action before the Mexican Institute of Industrial Property in order to obtain a declaration of infringement and then undergo a civil court trial. This process can take up to five years and rights holders often choose not to claim compensation. As such, a recent proposal aims to reform the process for recovering damages caused by a violation of industrial property rights.

Author: Carla Santa María Orozco
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Maria Girbau Conviction for sale of fraudulent software

Spain - Grau & Angulo

In July 2019 the Oviedo Court of Appeal confirmed a trial court decision which had found the defendant guilty of copyright infringement, sentenced him to six months' imprisonment and ordered him to pay the plaintiff's court costs and damages of an amount to be determined during the enforcement of the sentence on grounds of civil liability. In reaching its decision, the court highlighted the multiple contradictions in the defendant's allegations and confirmed the value of the evidence.

Author: Maria Girbau
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Okan Can Trademark rights versus freedom of speech

Turkey - Deriş Patents and Trademarks Agency

The Constitutional Court recently handed down an important decision regarding freedom of speech and unfair competition claims following the use of a company's trademark in an online domain name. This decision shows how the court handles cases in which fundamental rights such as freedom of speech and IP rights compete, especially in the service industry sector.

Authors: Okan Can, Mustafa Akbas
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Recent updates

Sıla Başaran Non-registered cartoon characters may enjoy trademark protection in Turkey

Turkey - Deriş Patents and Trademarks Agency

Author: Sıla Başaran
Beatriz Bejarano Copyright protection: impact of recent ECJ decision on Spanish legal framework

Spain - Grau & Angulo

Author: Beatriz Bejarano
Ha Kung Wong Can Congress speed biosimilars to market by limiting patent litigations?

USA - Venable LLP

Authors: Ha Kung Wong, April Breyer
Steven Garland Supreme Court rules on Crown copyright

Canada - Smart & Biggar

Authors: Steven Garland, Theodore W Sum
Karen Kitchen The power of part marks

South Africa - KISCH IP

Author: Karen Kitchen
Paul Ranjard TRAB releases statistical analysis on 2018 trademark administrative cases

China - Wanhuida Intellectual Property

Authors: Paul Ranjard, Nan Jiang
Hans Eriksson Blocking injunctions – proportionality and right of access to information

Sweden - Westerberg & Partners Advokatbyrå Ab

Authors: Hans Eriksson, Petter Larsson
Cesare Galli Artistic value and copyright protection for industrial designs

Italy - IP Law Galli

Author: Cesare Galli

Upcoming events

IoT IP 2019

20 November 2019 – The Charles Hotel, Munich

IAM’s IoT IP conference will provide a platform for senior IP decision makers across multiple industries to discuss how IP strategies are fundamentally changing to meet the demands of the fourth industrial revolution.


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

IPBC Latin America 2019

4 December 2019 – São Paulo, Brazil

In its second year, IPBC Latin America heads to São Paulo (4 December) to showcase and explore winning strategies for managing the IP lifecycle to maximise corporate value. Rights holders from Latin America and beyond will delve into the best practices, enforcement techniques and monetisation options that can be utilised to craft world-class IP management and value creation programmes.


For more details go to:
http://events.ipbc.com/events/ipbc-latin-america-2019/event-summary-fc2db92abd344ed9817b3cc876e0f664.aspx

Managing Trademark Assets Europe 2020

28 January 2020 – London, UK

WTR’s Managing Trademark Assets Europe will bring together trademark counsel and brand experts from a variety of industries. It will provide a space in which to benefit from new insights, discuss best practice and share cutting-edge strategies for cost-effectively building and protecting brands.


For more details go to:
https://web.cvent.com/event/cfc95891-a1c2-4154-8997-689cc69c49a3/summary

IP Risk Management USA 2020

4 February 2020 - San Jose, California

IP may be the single most important asset a company possesses. Whether it is physical or digital, customer data or operational information, trade secrets or business strategies, IP is often the main driver of revenue for any organisation. As IP becomes a more valuable corporate asset, managing the risks around it become a major business priority. IAM’s inaugural IP Risk Management series will provide organisations with best practices for identifying, evaluating, managing and mitigating IP risks within the business.


For more details go to:
https://web.cvent.com/event/f6a063fe-94a9-450f-8d1c-1004c8d57d9a/regProcessStep1?rp=00000000-0000-0000-0000-000000000000

IP Risk Management Europe 2020

20 March 2020 – London, UK

IP may be the single most important asset a company possesses. Whether it is physical or digital, customer data or operational information, trade secrets or business strategies, IP is often the main driver of revenue for any organisation. As IP becomes a more valuable corporate asset, managing the risks around it become a major business priority. IAM’s inaugural IP Risk Management series will provide organisations with best practices for identifying, evaluating, managing and mitigating IP risks within the business.


For more details go to:
https://web.cvent.com/event/10e6682d-060a-41b0-a354-c39c4b7d8d8b/regProcessStep1?rp=00000000-0000-0000-0000-000000000000

IPBC Europe 2020

24-25 March 2020 – Dublin, Ireland

After 2019’s sell-out event in Paris, next year’s IPBC Europe – Europe’s foremost conference about IP value creation – will take place in Dublin from 24 to 25 March, 2020. Being held at the prestigious Shelbourne Hotel, the event will once again be Europe’s leading gathering of senior IP professionals from European companies of all sizes.


For more details go to:
https://web.cvent.com/event/da40c6fa-0fd5-41d3-be58-cf6da07bbb7d/regProcessStep1?rp=00000000-0000-0000-0000-000000000000

Managing and Mitigating Risk in Intellectual Assets

26 March, 2020 – London, UK

IP may be the single most important asset a company possesses. Whether it is physical or digital, customer data or operational information, trade secrets or business strategies, IP is often the main driver of revenue for any organisation. As IP becomes a more valuable corporate asset, managing the risks around it become a major business priority. IAM’s inaugural IP Risk Management series will provide organisations with best practices for identifying, evaluating, managing and mitigating IP risks within the business.


For more details go to:
https://web.cvent.com/event/10e6682d-060a-41b0-a354-c39c4b7d8d8b/regProcessStep1?rp=00000000-0000-0000-0000-000000000000

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