Intellectual Property

14 June 2021

You sunk my pirate ship: Federal Court of Appeal upholds first anti-piracy site-blocking order

The Federal Court of Appeal recently upheld a Federal Court order which enjoined Canada's main internet service providers to block their subscribers' access to certain piracy websites. The dismissal of this appeal, which recognises the irreparable harm that piracy causes to the creative sector, is another important decision for copyright holders. The decision once again confirms that the federal courts are prepared to issue appropriate remedies to protect Canadian creators.

François Guay Authors: François Guay | Guillaume Lavoie Ste-Marie | Olivier Jean-Lévesque

Canada | Smart & Biggar

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SPC releases judicial interpretation relating to punitive damages in IP cases

In China, decisions in which punitive damages are claimed and supported by the court are becoming increasingly frequent. The Supreme People's Court recently released a Judicial Interpretation on the Application of Punitive Damages in the Trial of Civil Cases Involving Infringement of Intellectual Property Rights with immediate effect. The judicial interpretation's main purpose seems to be to coordinate and unify the criteria and language used in different IP laws.

Zhigang Zhu Author: Zhigang Zhu

China | Wanhuida Intellectual Property

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Conflict of prior trade name and later mark

Priority is a basic institution of trademarks and can be found in the Paris Convention for the Protection of Industrial Property. In a recent decision, the Hungarian Intellectual Property Office cancelled the mark ORSZÁGOS TÉRINFORMATIKAI KONFERENCIA ('National Geographic Conference') on the grounds that the rights in the mark belonged to a different party which had been using the same word combination to organise conferences for nine years.

Alexander Vida Author: Alexander Vida

Hungary | Danubia Patent and Law Office LLC

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Protection of plant varieties under plant breeders' rights

Plant breeders' rights provide protection of plant varieties. In Norway, where such protection is granted by the Plant Variety Board, breeders can prevent third parties from producing or importing plant material of their plant variety with a view to offering it for sale or otherwise marketing it for purposes of propagation. Third parties must also obtain permission from the breeder if they intend to commercially produce cut flowers or ornamental material by reproducing protected propagation material or plants.

Live Marie Hansen Author: Live Marie Hansen

Norway | Bryn Aarflot AS

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Draft amendment to Examination Guidelines for Computer Software-Related Inventions

In recent years the development of technology has led to new types of applications and inventions in various fields. To adapt to such changes while continuing to meet the practical necessities of examination, the Taiwan Intellectual Property Office has released a draft amendment to the Examination Guidelines for Computer Software-Related Inventions, the third such amendment since their publication in 1998.

Eddie Wu Author: Eddie Wu

Taiwan | Lee and Li Attorneys at Law

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Court of Appeal heightens risk for directors around personal liability for IP infringement

In a recent case, the Court of Appeal gave some helpful guidance on when directors will be jointly and severally liable with the company for acts of IP infringement. The conclusion of the case is stark; that a director will avoid personal liability as joint tortfeasor only in the narrowest of circumstances. This means that many of the usual day-to-day acts of directors and other company officers could result in joint liability for IP infringement, regardless of their honest, reckless or other state of mind.

Gill Dennis Authors: Gill Dennis | Mark Marfé

United Kingdom | Pinsent Masons

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Recent updates

Recent wave of decisions clarifies position on concept of bad faith

Petter Larsson Authors: Petter Larsson | Maria Bruder

Sweden | Westerberg & Partners Advokatbyrå Ab

Trademark litigation: FAQs

Trine Greaker Herzog Author: Trine Greaker Herzog

Norway | Bryn Aarflot AS

Why are compulsory licences not an effective solution to the COVID-19 pandemic?

Mônica Gurvitz Authors: Mônica Gurvitz | Maria Eduarda de O Borrelli Junqueira

Brazil | Montaury Pimenta, Machado & Vieira de Mello

How new Patent Law transforms patent litigation

Feng Zheng Author: Feng Zheng

China | Wanhuida Intellectual Property

Fanciful marks: interpretation and legislation

Marietta Flores Author: Marietta Flores

Peru | OMC Abogados & Consultores

Amendment to Rules for Holding Hearings on Patent Invalidation Cases

Jason Chuang Author: Jason Chuang

Taiwan | Lee and Li Attorneys at Law

Design law amendment to cover projected image designs

Jonathan Masters Author: Jonathan Masters

South Korea | NAM & NAM

Assignment of patent rights

Carlos González Cortés Author: Carlos González Cortés

Mexico | Becerril Coca & Becerril SC

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

IPBC Asia 2021

6-7 Dec 2021 (Shenzhen) 9-10 Dec 2021 (Tokyo)

IPBC Asia returns with the 2021 Roadshow - The region’s pre-eminent gathering of IP business leaders is returning in 2021 in a new and expanded format - IAM will be hosting IPBC Asia 2021 as a two-location roadshow with dedicated events in Shenzhen (6 to 7 December) and Tokyo (9 to 10 December). By hosting consecutive, fully bilingual programmes in each regional IP powerhouse, IPBC Asia will maximise attendance from key Chinese and Japanese IP executives providing our delegates with unsurpassed networking and deal-making opportunities, as well as the chance to join high-level discussions with the regional corporate leaders responsible for developing IP business strategies now and into the future. Risk free registration now open at a super-early bird rate!


For more details please visit:
https://events.iam-media.com/A3vr71?RefId=IPBCA_ILO

IPBC Europe 2021

4-5 October 2021

IPBC Europe – Europe’s foremost conference about IP value creation – will take place in Dublin from 4 to 5 October. Being held at the prestigious Shelbourne Hotel, the event will once again be Europe’s leading gathering of senior corporate IP professionals from companies of all sizes.


For more details please visit:
https://ipbc.iam-media.com/QrxnzQ?RefId=LEX