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Intellectual Property

27 January 2020
David Schwartz USMCA amendments: implications for Canadian IP law

Canada - Smart & Biggar

The United States, Mexico and Canada recently signed the Protocol of Amendment to the Agreement between the United States of America, the United Mexican States and Canada (USMCA). If ratified, the amended USMCA will replace the North American Free Trade Agreement and require a number of changes to Canada's IP laws. Many requirements of the original USMCA have already been met by recent changes in Canadian IP legislation, but more amendments will be required to implement the USMCA.

Author: David Schwartz
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Noboru Taniguchi Expanded protection for building and interior designs under revised Design Act

Japan - Nishimura & Asahi

The Ministry of Economy, Trade and Industry recently announced on its website that a Cabinet Order of 1 November 2019 had declared that the revised Design Act would come into force on 1 April 2020. This article provides a summary of the revised act's expanded scope of IP protection for building and interior designs.

Author: Noboru Taniguchi
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David C L Chen Post-allowance division requirements under amended Patent Act

Taiwan - Lee and Li Attorneys at Law

Before the amended Patent Act took effect on 1 November 2019, a request for post-allowance division could be filed within 30 days of receiving an allowance decision only if the parent invention application had been allowed at the first examination stage. Under the amended Patent Act, a request for division can be filed within three months of receiving an allowance decision irrespective of whether the parent invention application has been allowed at the first examination or re-examination stages.

Author: David C L Chen
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Asli Tireli Liability of online marketing platforms for counterfeiting activities

Turkey - Deriş Patents and Trademarks Agency

Law 5651 on Regulating Broadcasting on the Internet and Fighting Against Crimes Committed through Internet Broadcasting includes provisions on the responsibilities of content, hosting and access providers to combat online counterfeiting. However, the fact that existing regulations lack specific content liability for online marketing platforms may inhibit consumers and related third parties from enforcing their rights if they purchase counterfeit products.

Authors: Asli Tireli, Serra Coral
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Recent updates

Matthew Norton Federal Court dismisses patent infringement action for delay

Canada - Smart & Biggar

Authors: Matthew Norton, Steven Garland, Daniel Davies, Laura Easton
Ignacio Pontijas Barcelona Court of Appeal confirms refusal of preliminary injunctions against fulvestrant generics

Spain - Grau & Angulo

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

USA - Venable LLP

Author: Christopher Loh
Alexander Vida All that jazz: bad-faith trademark applications

Hungary - Danubia Patent and Law Office LLC

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

Japan - Nishimura & Asahi

Author: Noboru Taniguchi

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

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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