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Intellectual Property

18 January 2021
Rodrigo Moraes Costa BRPTO anticipates Phase II of Patent Prosecution Highway Programme

Brazil - Montaury Pimenta, Machado & Vieira de Mello

Ordinance 404 recently came into force, establishing Phase II of the Patent Prosecution Highway (PPH) Programme in Brazil. Phase II was published by the Brazilian Patent and Trademark Office in the last week of 2020 and modifies the limits and requirements for requesting participation in the PPH Programme. With this new phase of the PPH Programme, the previous Resolution 252 (establishing Phase I) has been revoked.

Authors: Rodrigo Moraes Costa, Rodrigo Klein
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Feng Zheng Legislative overview 2020: patent law, trade secrets and judicial interpretations

China - Wanhuida Intellectual Property

During a volatile 2020, China's legislature completed the overhaul of an amendment to patent and copyright law and promulgated varied judicial interpretations and policy documents projected to bring substantial changes to the nation's IP landscape from 2021. These well-coordinated legislative efforts ensure that parties will have detailed rules and criteria to follow and will improve the consistency, predictability and transparency of IP protection in China.

Author: Feng Zheng
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Jae-sang Lim KIPO measures to prevent online counterfeits

South Korea - NAM & NAM

According to a Korean Intellectual Property Office (KIPO) press release, the number of reports concerning online counterfeits has increased by 204.4% year-on-year following the increase in online shopping during the COVID-19 pandemic. In response, KIPO has devised a number of measures to more effectively combat the rapidly increasing online distribution of counterfeit products while minimising damage to consumers.

Author: Jae-sang Lim
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José Calvo Second preliminary injunction request based on amended form of patent dismissed

Spain - Grau & Angulo

In November 2020 Barcelona Commercial Court 1 dismissed the second preliminary injunction request filed by Sanofi against Mylan in relation to an insulin glargine biosimilar product, concluding that the new alleged circumstances did not justify it. In particular, the decision states that the amended form of the patent does not form the basis for the main proceedings on the merits, where Sanofi's petition is yet to be prosecuted and decided.

Author: José Calvo
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Hsiu-Ru Chien Patent examination pilot programme for start-ups takes effect

Taiwan - Lee and Li Attorneys at Law

The Taiwan Intellectual Property Office recently announced a patent examination pilot programme for start-ups, effective 1 January 2021. Under the programme, start-ups with research and development capabilities will experience a more active and positive examination process which will enable them to better improve their patent portfolios.

Authors: Hsiu-Ru Chien, Elina Yu
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Meaghan Kent Mixed reactions as copyright owners ring in 2021 with CASE Act

USA - Venable LLP

After years of similar pending legislation, Congress passed the Copyright Alternative in Small-Claims Enforcement (CASE) Act, buried deep in the thousands of pages of the COVID-19 relief bill. The CASE Act is being welcomed with mixed reactions, with some copyright owners excited for an alternative to federal litigation, but also concerned about the opt-out option. Similarly, others who frequently receive copyright claims view this with hesitancy.

Authors: Meaghan Kent, Danae Tinelli
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Recent updates

Alexander Vida Non-registrability of descriptive names

Hungary - Danubia Patent and Law Office LLC

Author: Alexander Vida
Patrick M Roszell Cloud computing: overview of IP issues

Canada - Smart & Biggar

Authors: Patrick M Roszell, Robert Baker
Young-min Kim Doctrine of equivalents: recent developments

South Korea - NAM & NAM

Author: Young-min Kim
Linda J Zirkelbach Should you grant free licences to intellectual property in response to the COVID-19 emergency?

USA - Venable LLP

Author: Linda J Zirkelbach
Jeanine Coetzer Uber-zoom: case against trademark genericide

International - Spoor & Fisher

Author: Jeanine Coetzer
David C L Chen Patent Examination Guidelines amended – requirements for disclosure of specifications and drawings relaxed

Taiwan - Lee and Li Attorneys at Law

Authors: David C L Chen, Andy Hsieh
Ian Mirandah VNIPO introduces stricter guidelines on authorisation of representatives by IP owners and applicants

Vietnam - Mirandah Asia

Author: Ian Mirandah
Simon Holzer Federal Supreme Court confirms when display of information is technical feature that can provide inventive step

Switzerland - Meyerlustenberger Lachenal

Authors: Simon Holzer, Christian Fischer

Upcoming events

IPBC Global 2021

14-16 November 2021

IPBC Global will bring the world’s IP business leaders back together again in 2021 when it reconvenes in Seattle, the fastest growing tech hub in the United States and home to some of the most innovative businesses on the planet. From 14 to 16 November 2021, attendees at the world’s leading IP event will enjoy unsurpassed networking and deal-making opportunities, as well as the chance to join high-level discussions around the key challenges facing those responsible for developing IP business strategies now and into the future.


For more details please visit:
https://cvent.me/ebeeOG?RefId=LexILO

WTR Connect Spring 2021

March 15-19, 2021

WTR Connect returns to Zoom for a week of purpose-built trademark and brand protection discussions with the world’s leading experts. From 15-19 March, WTR will be hosting more than 20 individual interactive digital sessions live on Zoom, each designed to facilitate discussion, benchmarking and the sharing of best practice around key topic areas and challenges facing trademark and brand leaders. Each day will start with a keynote address from a major industry figure followed by live breakout discussions lasting for a maximum of 60 minutes. These will be in a variety of different formats, including masterclasses, open discussions forums, solution rooms and closed-door, invite-only boardrooms. You can register for as many sessions as you like across the week, building your own schedule.


For more details please visit:
https://cvent.me/0l7VlR?RefId=LEX

IP Risk Management 2021

27-28 January 2021

Intellectual property is one of the most important assets that businesses can own and is increasingly prominent on the corporate agenda. While budgets get tighter and resources scarcer, threats continue to grow. All the while, IP leaders must ensure that they are protecting their assets and proactively mitigating the risks surrounding them. IAM’s IP Risk Management event, live on Zoom on 27 and 28 January 2021, will focus on key strategies, best practices and lessons learned for identifying, measuring and mitigating IP risk.


For more details please visit:
https://cvent.me/BNXWEm?RefId=LEX

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