Intellectual Property

21 June 2021

Tips for companies focused on resource recovery in circular economy

As the world accelerates its transition to a low-carbon, circular economy, Canadian companies which are developing resource recovery models must consider how to integrate IP protection into their overall strategic plan to succeed in this increasingly competitive global market. This article outlines three key IP tips to help Canadian clean tech innovators to better protect and leverage their intellectual property as they develop technology focused on resource recovery.

Lei Liu Authors: Lei Liu | Walter Chan

Canada | Smart & Biggar

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SPC publishes six exemplary cases relating to punitive damages

In China, decisions in which punitive damages are claimed and supported by the court are becoming increasingly frequent. The Supreme People's Court (SPC) 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. This article discusses the six exemplary cases that the SPC published alongside the judicial interpretation to illustrate how punitive damages are assessed and applied.

Zhigang Zhu Author: Zhigang Zhu

China | Wanhuida Intellectual Property

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AI patenting practices are changing – but is the direction right?

Protecting AI solutions by IP rights often entails a combination of patents, agreements regarding data and use and development of systems and software, and software copyright. Patenting practices for AI solutions in particular appear to be facing significant changes in Europe. Applicants should aim to be prepared for changes in patenting practice and differences between jurisdictions.

Jukka Kantanen Authors: Jukka Kantanen | Suvi Julin

European Union | Berggren Oy

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Patented inventions may infringe existing patents

Patents prohibit a party's competitors from producing, selling or using the protected invention. However, patents do not automatically confer to the owner the right of producing, selling or using their invention since some aspects may be covered by third-party patents. Where a patent owner wishes to produce, sell or use its invention, it must carry out research to determine whether it has the required freedom to operate.

Evelyne Gridelet Author: Evelyne Gridelet

International | GEVERS

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NIPO administrative reviews: FAQs

An 'administrative review' is a procedure offered by the Norwegian Industrial Property Office as a cheaper, simpler and quicker alternative to court procedures when challenging the validity of a patent. The proceedings are structurally similar to opposition proceedings but provide for the winning party's costs to be covered, similar to court proceedings. However, fewer grounds can be invoked in a request for administrative review compared with an opposition.

Live Marie Hansen Author: Live Marie Hansen

Norway | Bryn Aarflot AS

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How to present evidence to claim prior user rights

When facing an infringement action before the Intellectual Property Court, defendants seeking to assert prior use face an uphill evidentiary battle to convince the court that their product existed before the patent filing date. A look back at the most relevant decisions of the past two years reveals that success or failure hinges on the probative value of the evidence.

Hsiu-Ru Chien Authors: Hsiu-Ru Chien | Elina Yu

Taiwan | Lee and Li Attorneys at Law

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Are second medical use patents protected?

A first-instance court decision that second medical use patents granted before 13 December 2007 are not patentable is waiting to be evaluated by the General Civil Chamber of the Supreme Court, despite the decision already having being overturned by the Supreme Court. Since there are no exclusions to the protection of second medical use patents in the Industrial Property Code, such inventions should be protected in Turkey, provided that they are novel and include an inventive step.

Muazzez Korutürk Author: Muazzez Korutürk

Turkey | Deriş Patents and Trademarks Agency

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'Could versus would' approach to inventive step assessment

In a recent case, the High Court considered the statutory approach to assessing obviousness in patent law, confirming that, ultimately, the question to be addressed is whether the claims involve an inventive step. This decision is of interest to patentees in a range of industries and sectors as it brings to the fore the role of commercial attractiveness and technical limitations in whether an alleged invention may be considered to be lacking an inventive step.

Sarah Taylor Authors: Sarah Taylor | Belinda Lavin

United Kingdom | Pinsent Masons

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Recent updates

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

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

Canada | Smart & Biggar

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

Gill Dennis Authors: Gill Dennis | Mark Marfé

United Kingdom | Pinsent Masons

SPC releases judicial interpretation relating to punitive damages in IP cases

Zhigang Zhu Author: Zhigang Zhu

China | Wanhuida Intellectual Property

Draft amendment to Examination Guidelines for Computer Software-Related Inventions

Eddie Wu Author: Eddie Wu

Taiwan | Lee and Li Attorneys at Law

Protection of plant varieties under plant breeders' rights

Live Marie Hansen Author: Live Marie Hansen

Norway | Bryn Aarflot AS

Conflict of prior trade name and later mark

Alexander Vida Author: Alexander Vida

Hungary | Danubia Patent and Law Office LLC

Fanciful marks: interpretation and legislation

Marietta Flores Author: Marietta Flores

Peru | OMC Abogados & Consultores

Design law amendment to cover projected image designs

Jonathan Masters Author: Jonathan Masters

South Korea | NAM & NAM

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