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Intellectual Property

06 April 2020
David Schwartz Parliament passes legislation implementing USMCA

Canada - Smart & Biggar

Bill C-4, which implements the US-Mexico-Canada Agreement (USMCA), has received royal assent from the governor general. The USMCA will replace the North American Free Trade Agreement and require numerous changes to Canada's IP laws. The provisions of Bill C-4 that are relevant to intellectual property will come into force on a day to be determined by order of the governor in council.

Author: David Schwartz
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Siri Alvsing Supreme Court rules on balancing of copyright and fundamental rights

Sweden - Westerberg & Partners Advokatbyrå Ab

A landmark Supreme Court judgment has closed the book on the widely known 'iron pipe scandal'. The court confirmed that fundamental rights such as freedom of the press, no matter how fundamental, do not justify the use of copyrighted materials outside the scope of the existing exceptions and limitations as set out in the Copyright Act and the EU InfoSoc Directive.

Authors: Siri Alvsing, Stefan Widmark
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Elisavet Yakovidis Çinlemez Re-establishment of rights as remedy for requesting European patent validation

Turkey - Deriş Patents and Trademarks Agency

In a landmark decision, a first-instance court recently ruled on the re-establishment of rights as a remedy for requesting the validation of a European patent where its Turkish translation has not been filed within three months of the date on which the mention of the grant is published. The decision also addressed the recognition of a European patent application as a validly filed national application.

Author: Elisavet Yakovidis Çinlemez
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Recent updates

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

Canada - Smart & Biggar

Authors: Katie Lee, Urszula Wojtyra
Marilena Nikolaraki Pirated goods – risks for everyone involved

Greece - A & K Metaxopoulos & Partners Law Firm

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

USA - Venable LLP

Authors: Rebecca Liebowitz, Andrew D Price, Catherine S Mitros
Yang Mingming Article 4 of new Trademark Law: an efficient weapon against bad-faith trademark filings

China - Wanhuida Intellectual Property

Authors: Yang Mingming, Li Chen
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