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Intellectual Property

20 January 2020
Matthew Norton Federal Court dismisses patent infringement action for delay

Canada - Smart & Biggar

The Federal Court recently dismissed an action for delay following a status review under Section 382.1 of the Federal Courts Rules where the proceeding remained at the documentary discovery stage with outstanding motions pending more than six years after the action had been commenced. The plaintiff's had alleged infringement of Canadian Patent 2,595,723 in respect of water treatment processes used in Cenovus's steam-assisted gravity drainage oil production facilities.

Authors: Matthew Norton, Steven Garland, Daniel Davies, Laura Easton
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Alexander Vida All that jazz: bad-faith trademark applications

Hungary - Danubia Patent and Law Office LLC

Hungarian case law has prohibited acting in bad faith for centuries – particularly since the introduction of the Civil Code 1958 and the Trademark Act 1979. As a result, there are few examples of bad-faith trademark cases. A recent case involving the JAZZY PUB and JAZZY marks aligns Hungarian case law with that of the European Court of Justice, which holds that a finding of bad faith can be made if an applicant was aware of a prior mark when it filed its application.

Author: Alexander Vida
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Ignacio Pontijas Barcelona Court of Appeal confirms refusal of preliminary injunctions against fulvestrant generics

Spain - Grau & Angulo

The Barcelona Court of Appeal recently issued two decisions confirming the refusal of the preliminary injunctions that AstraZeneca had requested to prevent the commercialisation of fulvestrant generics by Teva and ratiopharm for alleged infringement of AstraZeneca's patents. The court confirmed the refusal by concluding that there was not enough urgency, whereas serious doubt remained over the validity of the patents at stake.

Author: Ignacio Pontijas
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Christopher Loh Supreme Court prohibits USPTO from shifting attorneys' fees in certain district court proceedings

USA - Venable LLP

The Supreme Court has unanimously ruled that the US Patent and Trademark Office cannot shift the fees of its attorneys and paralegals to litigants in district court proceedings brought under Title 35, Section 145 of the US Code. Justice Sotomayor explained that, under the centuries-old presumption commonly known as the 'American rule', each litigant pays its own attorneys' fees "win or lose, unless a statute or contract provides otherwise".

Author: Christopher Loh
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Recent updates

Huib Berendschot Competence of district courts in summary proceedings relating to EU community designs

Netherlands - AKD The Netherlands

Author: Huib Berendschot
Meili Hu SAMR publishes regulations discouraging bad-faith trademark applications

China - Wanhuida Intellectual Property

Authors: Meili Hu, Nan Jiang
CV Chen Patent Act amendments: a guide

Taiwan - Lee and Li Attorneys at Law

Authors: CV Chen, Daisy Wang
Mark Biernacki Effectively using experts in IP litigation: theory

Canada - Smart & Biggar

Authors: Mark Biernacki, Tierney GB Deluzio
Alejandro Angulo Specific protocol of guard service and fast action adopted for MWC 2020

Spain - Grau & Angulo

Authors: Alejandro Angulo, Jesús Arribas, Ignacio Marqués
Alexander Vida Free-riding on reputation of LOUIS VUITTON mark

Hungary - Danubia Patent and Law Office LLC

Author: Alexander Vida
Noboru Taniguchi Expanded protection for graphic images under revised Design Act

Japan - Nishimura & Asahi

Author: Noboru Taniguchi
Okan Can Liability regime for online counterfeiting

Turkey - Deriş Patents and Trademarks Agency

Authors: Okan Can, F Burcum Evgin

Upcoming events

Data Business Congress 2020

February 3-4, 2020 – San Jose, California

By focusing on the data creation, management and value creation lifecycle, the inaugural Data Business Congress will deliver cutting edge intelligence and analysis of the key data issues confronting companies as 5G begins to roll-out and the Internet of Things continues to build. The Data Business Congress will bring together specialists in all areas including Creation, Capture, Protection, Management, Compliance, Exploitation and Monetisation and will provide best-in-class insight to those seeking to understand the multiple legal and business issues that go into building a world class data management and exploitation strategy.


For more details please visit:
https://web.cvent.com/event/10240ffb-fa61-43b2-9038-73c9838049ae/summary

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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