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Intellectual Property

03 August 2020
Wenting Liu Authorities to impose stricter penalties for IP infringements

China - Wanhuida Intellectual Property

The Supreme People's Court recently released the Opinions on Tightening Sanctions on Intellectual Property Infringement (for Consultation) for public opinion until 31 July 2020. The opinions contain 21 articles aimed at strengthening preservation measures, stopping infringement in a timely manner by ordering cessation, enhancing compensation and reinforcing criminal crackdown on IP violations.

Author: Wenting Liu
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Kriton Metaxopoulos Journalism and copyright: is there a defence similar to fair use or fair dealing?

Greece - A & K Metaxopoulos & Partners Law Firm

Greek copyright law does not provide for a fair use or fair dealing defence. Nevertheless, Law 2121/1993 on Copyright, Related Rights and Cultural Matters (the Copyright Law) contains an exhaustive list of specific statutory exceptions and limitations on authors' economic rights. A copyrightable work can be legally used without prior authorisation or payment if said use is covered by a specific exception or limitation stipulated by the Copyright Law and all legal requirements provided thereunder are met.

Authors: Kriton Metaxopoulos, Irini Daroussou
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Alexander Vida Hungarian authorities deem device mark SPIRIT to be misleading

Hungary - Danubia Patent and Law Office LLC

The Hungarian Intellectual Property Office (HIPO) recently issued ex officio a provisional refusal to register the international device mark SPIRIT in Hungary, holding that it was misleading because the word 'spirit' means alcohol, whereas the goods in Class 32 include mineral water, beer and soft drinks, which are not hard liquors. The Metropolitan Tribunal subsequently confirmed the HIPO's conclusion.

Author: Alexander Vida
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David Daura Supreme Court dismisses cassation appeal against conviction of counterfeit adidas shoe importer

Spain - Grau & Angulo

In February 2020 the Supreme Court dismissed a cassation appeal against a judgment from the High Court of the Valencian Community confirming the first-instance judgment issued in 2019 by the Provincial Court of Valencia condemning the defendants for an 18-month prison sentence and for the payment of a fine, the transport and destruction costs, as well as the legal costs (including the private prosecutor's costs) for the import of counterfeit shoes for commercial purposes that infringed adidas's brands and designs.

Author: David Daura
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Christopher Loh Federal Circuit to amend rules for appeals in patent cases

USA - Venable LLP

The US Court of Appeals for the Federal Circuit recently adopted several amendments to its rules of practice, which govern procedural aspects of appeals from district court patent cases and appeals from Patent Trial and Appeal Board proceedings. These amendments apply to all appeals filed or pending on or after 1 July 2020, to the extent practicable, unless otherwise ordered.

Author: Christopher Loh
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Recent updates

Hsiu-Ru Chien Taiwan-Japan PPH MOTTAINAI becomes permanently effective

Taiwan - Lee and Li Attorneys at Law

Authors: Hsiu-Ru Chien, Elina Yu
Antonia Torrente Court of appeal recognises well-known nature of DINOSAURUS trademark and declares use of GALLESAUROS sign to be infringing

Spain - Grau & Angulo

Author: Antonia Torrente
Cindy Shu Qi Zhen Supreme Court releases exposure draft on several provisions concerning IP civil litigation evidence

China - Wanhuida Intellectual Property

Author: Cindy Shu Qi Zhen
Kriton Metaxopoulos Journalism and copyright: what is protected by copyright law?

Greece - A & K Metaxopoulos & Partners Law Firm

Authors: Kriton Metaxopoulos, Irini Daroussou
Josefine Linden Dynamic blocking injunction against ISPs

Sweden - Westerberg & Partners Advokatbyrå Ab

Authors: Josefine Linden, Stefan Widmark
Calvin R Nelson Legal implications of syncing copyrighted music with other content

USA - Venable LLP

Authors: Calvin R Nelson, Katherine C Dearing, Nicholas W Jordan
Daniel R Zuccherino Use of third-party trademarks as keywords

Argentina - Obligado & Cia

Author: Daniel R Zuccherino
Nina Goodyear Security over intellectual property

United Kingdom - Taylor Wessing

Authors: Nina Goodyear, Louise Popple

Upcoming events

WTR Connect 2020

Connecting Global Trademark Leaders

WTR Connect has been purpose-built for trademark and brand protection experts globally. From 6-15 October, WTR will be hosting more than 20 individual interactive digital sessions, designed to facilitate discussion, benchmarking and the sharing of best practice around key topic areas and challenges facing trademark and brand leaders.


For more details go to:
https://web.cvent.com/event/41f2b10d-90db-429e-96e1-e140900360f9/summary?RefId=LEXILO

IPBC Global 2020

30 August - 1 September 2020 - The Ritz-Carlton, Chicago

IAM’s 13th annual IPBC Global offers an unrivalled opportunity to put yourself at the heart of discussions involving those who make the world’s IP weather. Featuring top-level IP business experts, the programme will provide a detailed overview of the developing global IP landscape, explore the implications of recent events, focus on emerging business models and review best-practice value creation strategies. It is the one IP event that you cannot afford to miss.


For more details please visit:
https://www.ipbcglobal.com/

Patent Litigation 2020

10 November 2020 - Washington DC, United States

IAM’s Patent Litigation returns to Washington DC for its sixth year, bringing together leading IP experts in both litigation and policy. Well established as the must-attend event for anyone interested in how the legal and political climates shape the patent market, panellists will represent a broad cross-section of the patent community.


For more details please visit:
https://cvent.me/WL7rgn?RefId=Lex+listing

AI IP USA 2020

8 October 2020 - Boston, United States

AI is creating a seismic shift in the way that people interact with technology, disrupting every major industry along the way. But as AI continues to transform day-to-day processes, patent systems and IP managers are battling with its implications. IAM’s inaugural AI IP event will explore the latest strategies and insight that IP managers can use to keep up with AI innovation as it far outpaces the laws surrounding it.


For more details please visit:
https://cvent.me/KbYWGE?RefId=Lex+listing

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