Latest updates

Rights in audiovisual works under Copyright Law
A & K Metaxopoulos & Partners Law Firm
  • Intellectual Property
  • Greece
  • 19 April 2021

Pursuant to the Copyright Law, authors, artists, performers and producers who are involved in the creation of an audiovisual work are entitled to various rights relating to the broadcasting and reproduction of the work. This article explores the rights to which each party is entitled and the role of collective management organisations in the administration of such acts.

Court issues decision in first patent linkage case
Lee and Li Attorneys at Law
  • Intellectual Property
  • Taiwan
  • 19 April 2021

The Judicial Yuan recently published the IP Court's judgment in Taiwan's first patent linkage case. The IP court granted an injunction to prevent the manufacture of a generic drug which was found to have infringed a new drug's patent based on the doctrine of equivalents. The IP Court's watershed decision in this case will significantly affect both the patent linkage system and patent linkage litigation for years to come.

Role of patent data in innovation lifecycle: marketing and monetisation stages
GEVERS
  • Intellectual Property
  • International
  • 19 April 2021

Patent-related data is a recognised source of information about technological innovation programmes and the patenting strategies of parties in a particular field. Parties often use data reporting tools (eg, mapping or landscaping) to provide an overview of a competitive activity. This article focuses on how parties can use patent data at the marketing and monetisation stages of a product's innovation lifecycle.

Strengthened provisions for keeping designs secret
NAM & NAM
  • Intellectual Property
  • South Korea
  • 19 April 2021

Unlike patent applications, which are published in full after a fixed period to prevent redundant research and investment, the details of design applications are disclosed via publication in the Design Gazette at the time of registration. Parties may postpone the disclosure of a design using the secret design system. A recent amendment to the secret design system aims to offer applicants stronger protection and enable the strategic management of applications for new product designs.

Federal Court of Appeal upholds Federal Court decision finding Shire's VYVANSE patent valid
Smart & Biggar
  • Intellectual Property
  • Canada
  • 19 April 2021

The Federal Court of Appeal has dismissed Apotex's appeal of the Federal Court decision which held that the claims of Canadian Patent 2,527,646 were valid and prohibited the minister of health from issuing a notice of compliance to Apotex for its lisdexamfetamine product (Shire's VYVANSE) until the patent's expiry. The prohibition application was consolidated with Apotex's action seeking a declaration of invalidity and non-infringement.

Director disqualification: 12-year disqualification penalty imposed
Ogier
  • Corporate & Commercial
  • Guernsey
  • 19 April 2021

When considering the penalties imposed on directors of Guernsey companies for misconduct or breaches of the Companies (Guernsey) Law 2008, arguably the most serious penalty which can be imposed is a disqualification order. Such an order can, at its highest, be career ending for a director, with the maximum period of disqualification being 15 years. This article examines a recent decision in which the Royal Court imposed a disqualification period of 12 years.

Refill products infringe trademark
Graf & Pitkowitz Rechtsanwalte GmbH
  • Intellectual Property
  • Austria
  • 19 April 2021

The Supreme Court recently held that selling refill products for a dispenser that is manufactured by another party without indicating that the refill product is not produced by the dispenser's manufacturer constitutes trademark infringement. The decision clarifies that parties must label refill products to prevent the relevant public (ie, the users of the refill product) thinking that the manufacturer of the refill product is also the manufacturer of the dispenser.

Cancellation of trademark registrations
OMC Abogados & Consultores
  • Intellectual Property
  • Peru
  • 19 April 2021

It is possible to cancel the registration of a trademark where it can be proved that the owner, licensee or other authorised party has not used the trademark in Peru for three consecutive years. Parties may also request the cancellation of a trademark registration on grounds of lack of use during an opposition procedure.

Supreme People's Court issues judicial interpretations on IP rights disputes which involve ISPs
Wanhuida Intellectual Property
  • Intellectual Property
  • China
  • 19 April 2021

The Supreme People's Court recently promulgated two judicial interpretations regarding IP rights disputes that involve internet service providers (ISPs): the Reply to Several Issues Concerning the Application of Law in Online IP Rights Infringement Disputes, which applies to all ISPs, and the Guiding Opinions on the Trial of Civil IP Rights Cases Involving E-Commerce Platforms, which target e-commerce platforms. This article summarises the key points of these two judicial interpretations.

Trade secret protection overview
Bird & Bird LLP
  • Intellectual Property
  • United Arab Emirates
  • 19 April 2021

As the United Arab Emirates is a signatory to the Agreement on Trade-Related Aspects of Intellectual Property Rights, trade secrets are protected in several ways. While there is no statutory definition of 'trade secrets', various federal laws protect confidential information. The Dubai International Financial Centre, a free zone which operates within the United Arab Emirates, recently enacted its own IP Law, which also provides protection for trade secrets.

Supreme Court weighs in on fair use and finds that Google's use of Java SE API is fair
Venable LLP
  • Intellectual Property
  • USA
  • 19 April 2021

After 10 years of litigation, the Supreme Court has put an end to the copyright case of the century, Google v Oracle, ruling that Google's use of Oracle's application programming interface Java code in the development of its Android operating system is a fair use as a matter of law. In the doctrine-expanding six-to-two opinion, the court found that all four fair use factors weighed in Google's favour.

Updates to solar FIT decommissioning fee regulations
Nishimura & Asahi
  • Energy & Natural Resources
  • Japan
  • 19 April 2021

In June 2020 a bill was enacted pursuant to which the Japanese authorities can withhold a portion of payments under a power purchase agreement that will instead be placed in a reserve to cover decommissioning costs. While the final decommissioning regulations have not yet been published, a detailed outline of the regulations was recently published for public comment.

Can majority foreign-owned companies purchase a majority stake in a Nigerian oil and gas E&P company?
Streamsowers & Köhn
  • Energy & Natural Resources
  • Nigeria
  • 19 April 2021

In some circumstances, the indigenous preference provisions in the Oil and Gas Industry Content Development Act 2010 may disadvantage the Nigerian economy as a whole and its oil and gas sector in particular. Notably, there is no law forbidding or penalising the acquisition of majority stakes in Nigerian oil and gas exploration and production companies which qualify as Nigerian companies by foreign companies. In some circumstances, such acquisitions should even be encouraged.

Analysing the concept of force majeure, especially during the COVID-19 pandemic
Clasis Law
  • Corporate & Commercial
  • India
  • 19 April 2021

In 2020 the central government issued an office memorandum which stated that the hindrances that have occurred within supply chains due to COVID-19 should fall within the purview of natural calamity and thus force majeure clauses may be invoked in situations where deemed appropriate. The crux of the issue is: when can force majeure be invoked due to breaches that have occurred in contracts between parties due to COVID-19?

Trust company's £550,000 fine demonstrates importance of effective and consistent AML procedures
Ogier
  • White Collar Crime
  • Jersey
  • 19 April 2021

The Royal Court recently imposed a hefty £550,000 fine on a firm for failing to ensure that, in practice, its anti-money laundering (AML) policies and procedures were being applied effectively and consistently. Notably, the Royal Court was not deterred from imposing a fine by the fact that the failings related to only one client structure. Firms must therefore ensure that their AML controls are being applied effectively across their entire business – for, as this judgment shows, the cost of failing to do so can be high.

Fraserburgh Harbour Commissioners v McLaughlin & Harvey Ltd
Fenwick Elliott Solicitors
  • Projects, Construction & Infrastructure
  • United Kingdom
  • 19 April 2021

In a recent case, the Outer House of the Scottish Court of Session considered whether Clause W2.4 of the New Engineering Contract 3, in the form agreed between the parties, operated as a contractual bar to preclude resorting to the courts (or arbitration) if a dispute between the parties which fell within the scope of Clause W2 had not first been referred to adjudication.

Energy communities – is a business licence required?
Schoenherr
  • Energy & Natural Resources
  • Austria
  • 19 April 2021

Energy communities' electricity generation, supply and sale and offering and rendering of energy services raises the question of whether they fall within the scope of the Industrial Code 1994. The answer to this question primarily depends on whether a 'profit intent' is required for electricity companies. In addition, the question of commercial activity (ie, whether a commercial licence is required) must be clarified when establishing and structuring an energy community.

Barcelona Court of Appeal confirms legitimacy of Tommy Hilfiger's use of TH sign
Grau & Angulo
  • Intellectual Property
  • Spain
  • 19 April 2021

In a recent judgment, the Barcelona Court of Appeal confirmed the judgment of Barcelona Commercial Court 6 which dismissed a trademark infringement action brought against Hilfiger Stores Spain (HSS), SL. The appeal court partially upheld HSS's counterclaim against the plaintiff's trademark – which was registered for goods in Class 25 (ie, clothing, footwear and hats) – for cancellation on grounds of non-use. The trademark was revoked for clothing and footwear but remains registered for hats.

Back to basics: international trade and supply of services
Gowling WLG
  • International Trade
  • International
  • 16 April 2021

Brexit has focused the public conscience on the importance – or otherwise – of free trade agreements (FTAs). While most of the discourse around FTAs has focused on goods, this article considers how the international trading rules apply to cross-border trade in services, including the basic obligations on World Trade Organisation members, the general exceptions to the rules and the role of FTAs, challenges for digital trade and the key issues for providers of cross-border services.

Facial recognition technology: regulations and use
Schoenherr
  • Tech, Data, Telecoms & Media
  • Austria
  • 16 April 2021

In recent years there has been an increased use of technologies that match a person's digital image to a picture database. While the Austrian legal system does not expressly permit the use of such technology, the Ministry of the Interior uses it to identify unknown perpetrators suspected of intentionally committing a criminal offence. Austrian privacy experts worry that without an explicit legal basis, the use of facial recognition software may result in the gradual extension of powers.

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