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Intellectual Property

30 March 2020
Katie Lee Federal Court of Appeal remands Remicade new use patent decision on anticipation and obviousness

Canada - Smart & Biggar

In 2018 the Federal Court found that Kennedy's new use patent for infliximab (Janssen's Remicade) was valid and had been infringed by Hospira's biosimilar Inflectra. However, in January 2020 the Federal Court of Appeal released a decision remitting for reconsideration by the trial judge certain issues relating to the validity of Canadian Patent 2,261,630.

Authors: Katie Lee, Urszula Wojtyra
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Yang Mingming Article 4 of new Trademark Law: an efficient weapon against bad-faith trademark filings

China - Wanhuida Intellectual Property

The fourth amendment of the Trademark Law came into force on 1 November 2019. The revised Article 4 of the law now states that a "trademark filed in bad faith without intention to use shall be rejected". This modified version is also mentioned in Article 44.1 of the law, which provides that any trademark registered in violation of Article 4 and any trademark registered by fraudulent or unfair means will be declared invalid.

Authors: Yang Mingming, Li Chen
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Marilena Nikolaraki Pirated goods – risks for everyone involved

Greece - A & K Metaxopoulos & Partners Law Firm

Trading in pirated and counterfeit goods is widespread in many countries, including Greece. As such, the Trademark Law and the Copyright Law set out significant penalties (eg, long-term imprisonment) and high fines for anyone using, exploiting, putting on the market, selling, distributing or possessing with the intent to distribute to the public products that infringe the trademarks or copyrights of third parties.

Author: Marilena Nikolaraki
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Rebecca Liebowitz Updated trademark rules: electronic filing, applicant email and specimens

USA - Venable LLP

The US Patent and Trademark Office (USPTO) has enacted a series of rule changes that will have a significant impact on trademark filers. The widest-scale change is the requirement for electronic filing of all submissions to the USPTO. However, additional application and specimen requirements are likely to have a greater effect on applicants, as compared with prior practice.

Authors: Rebecca Liebowitz, Andrew D Price, Catherine S Mitros
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Recent updates

Eleanor Wilson Government introduces Bill C-4 to implement USMCA's required changes

Canada - Smart & Biggar

Author: Eleanor Wilson
Xiaoling Duan Trends in biotechnology patent prosecution

China - Wanhuida Intellectual Property

Author: Xiaoling Duan
Núria Ribera Barcelona patent court dismisses preliminary injunction request based on patent in amended form

Spain - Grau & Angulo

Author: Núria Ribera
Alexander Vida Procedural law trumps substantive law: Aldi fails to prove use of mark

Hungary - Danubia Patent and Law Office LLC

Author: Alexander Vida
Héctor Elias Chagoya Patent eligibility of biotechnology inventions under revision

Mexico - Becerril Coca & Becerril SC

Author: Héctor Elias Chagoya
Bram Woltering Injunction against foreign director for IP infringement based on Dutch law on directors' liability

Netherlands - AKD

Author: Bram Woltering
Hsiu-Ru Chien Provisional execution not required for patent transfer recordation

Taiwan - Lee and Li Attorneys at Law

Authors: Hsiu-Ru Chien, Shih-I Wu
Suvarna Mandal AI and copyright authorship: still mind over matter?

India - Saikrishna & Associates

Authors: Suvarna Mandal, Amshula Chauhan