Latest updates

Impact of COVID-19 on patent ecosystem
Reinhold Cohn Group
  • Israel
  • 08 June 2020

The COVID-19 crisis has had a major impact on the patent ecosystem in Israel, including in relation to eminent domain, cooperation and collaboration between governments and companies, the distribution of patent filings and Israel Patent Office admin. As the crisis has removed most (if not all) of the barriers that until now have prevented people from working remotely, it is a possible solution that could help overloaded patent examiners in the months ahead.

New rules on customs seizures: Norway aligns with European Union
Advokatfirmaet Hjort
  • Norway
  • 08 June 2020

Norway is introducing new rules on customs seizures of goods that infringe IP rights. The new rules are likely to take effect from January 2021 and are more aligned with the comparable EU rules than the current Norwegian regulations. Nonetheless, Norway will not become part of the EU-wide system for submitting and handling applications for border seizures.

SPC releases draft documents on enforcement of IP judgments
Wanhuida Intellectual Property
  • China
  • 08 June 2020

In response to the Sino-American trade agreement signed in January 2020, the Supreme People's Court (SPC) recently issued a notice soliciting public opinions on two documents concerning the enforcement of IP judgments. The promulgation of the SPC's documents may allow the judiciary to review the entire enforcement regime to further clarify and simplify not only enforcement procedures, but also bankruptcy procedures.

Trademark fluidity – not only humans are social distancing
GEVERS
  • International
  • 08 June 2020

Only a few weeks ago, the phrase 'social distancing' was not part of daily conversations. However, in the context of the current COVID-19 crisis, it is on everyone's lips and is now one of the most well-known measures introduced to limit the spread of COVID-19. In order to stay relevant in these strange times, a number of brands have temporarily adapted or modified their trademarks and logos to reinforce the importance of complying with the health guidelines.

Appeal court confirms revocation of Spanish SPC for Truvada
Grau & Angulo
  • Spain
  • 01 June 2020

The Barcelona Court of Appeal recently issued a judgment confirming the invalidity of Gilead's supplementary protection certificate (SPC) for the combination of tenofovir disoproxil + emtricitabine, thus upholding a first-instance decision favourable to generic competitors Teva and Mylan. The matter has been followed in Europe, where the UK Patents Court referred a question to the Court of Justice of the European Union, which issued a judgment on the interpretation of the requirement under the EU SPC Regulation.

COVID-19 Weekly Report (18-24 May 2020)
International Law Office
  • International
  • 26 May 2020

The impact of COVID-19 is being felt in almost every work area across the globe. In order to keep readers abreast of this evolving situation, ILO's COVID-19 Weekly Report provides insight into the major legal developments of the past seven days, as well as a round-up of our panel of experienced international legal commentators' legislative and regulatory guidance.

Copyright protection of fashion designs in Spain after Cofemel
Grau & Angulo
  • Spain
  • 25 May 2020

In light of the European Court of Justice's (ECJ's) decision in Cofemel, copyright protection for fashion designs is now more feasible in Spain. However, it remains to be seen how the Spanish courts (in particular, the Supreme Court) will apply the main teachings and caveats of this ECJ judgment in practice in the field of fashion.

New approach to trade secret infringement by former employees
Sołtysiński Kawecki & Szlęzak
  • Poland
  • 25 May 2020

A recent Supreme Court judgment explains the scope and methods of protection by entrepreneurs against the unauthorised disclosure of trade secrets by former employees. In addition, it distinguishes the possibility of a violation of someone's trade secrets by the same person, acting as an employee or unauthorised person, depending on whether said person has obtained information constituting a trade secret within or outside the employment relationship.

Beijing IP Court concludes first patent infringement case on microorganism protection
Wanhuida Intellectual Property
  • China
  • 25 May 2020

The Beijing IP Court recently held that two Tianjin-based companies had infringed Chinese Patent 201310030601.2, which is owned by the largest specialty mushroom grower in China, Shanghai Finc Food Co Ltd. This is the first case concluded in the Beijing IP Court to involve an infringement dispute concerning a patented microorganism per se.

First decision under amended PMNOC Regulations: Federal Court finds Amgen's filgrastim patent obvious
Smart & Biggar
  • Canada
  • 25 May 2020

The Federal Court recently issued the first decision under the amended Patented Medicines (Notice of Compliance) Regulations. In the decision, Pfizer was successful in establishing obviousness of the asserted claims of Canadian Patent 1,341,537 relating to filgrastim (Amgen's NEUPOGEN and Pfizer's biosimilar product NIVESTYM).

COVID-19 Weekly Report (11-17 May 2020)
International Law Office
  • International
  • 19 May 2020

The impact of COVID-19 is being felt in almost every work area across the globe. In order to keep readers abreast of this evolving situation, ILO's COVID-19 Weekly Report provides insight into the major legal developments of the past seven days, as well as a round-up of our panel of experienced international legal commentators' legislative and regulatory guidance.

Status of rebranding and re-marking goods under IP Code
Deriş Patents and Trademarks Agency
  • Turkey
  • 18 May 2020

A third party's unauthorised modification or replacement of original packaging, product codes or trademarks to produce misleading claims of origin and eliminate a trademark's origin function is considered trademark infringement by means of rebranding and re-marking in principle, even though the goods are basically original. This article examines these actions within the scope of common trademark infringement and counterfeiting and the legal consequences of re-marking under the Industrial Property Code.

INPI examination of inventive step: time to make a choice!
GEVERS & ORES
  • France
  • 18 May 2020

​One of the most significant measures of the Action Plan for Business Growth and Transformation affecting patent law is about to come into force. Under the new measures, the National Industrial Property Institute will examine and grant French patent applications filed after 22 May 2020 if they meet not only the criterion of novelty, but also the criterion of inventive step.

Daimler fails to defend Smart design patent in validity challenge
Wanhuida Intellectual Property
  • China
  • 18 May 2020

The China National Intellectual Property Administration (CNIPA) recently invalidated Daimler's Design Patent 201430032306.6 regarding the new Mercedes-Benz Smart generation following a validity challenge by Shandong Lichi, a Chinese new energy vehicle company. The CNIPA held that the two designs in the patent at issue had no obvious difference to the prior designs, which had been published in news media.

Patent owners' rights under Patents Ordinance 2000
Vellani & Vellani
  • Pakistan
  • 18 May 2020

The Patents Ordinance 2000 is a consolidated amended law relating to the protection of inventions and patents in Pakistan. As a registered patent owner, a patentee can authorise or prevent third parties from using its patent or manufacturing a product or offering to sell a product or service that uses its patented invention, subject to certain limitations.

Main points of Copyright Act draft amendments
Lee and Li Attorneys at Law
  • Taiwan
  • 18 May 2020

In January 2020 the Intellectual Property Office announced draft amendments to the Copyright Act which aim to address the exploitation of copyrightable works in the era of digital convergence and cloud technology, the regulation of fair use, the reconciliation of rights and the perfection of copyright regulations. This article discusses the main points of the draft amendments.

COVID-19: CIPO deadlines extended until 1 June 2020
Smart & Biggar
  • Canada
  • 18 May 2020

In view of the ongoing COVID-19 pandemic, the Canadian Intellectual Property Office (CIPO) has further extended patent, trademark and industrial design deadlines fixed under the relevant legislation. Deadlines up to 29 May 2020 have now been extended until 1 June 2020. The CIPO may decide to extend deadlines further, depending on how circumstances evolve.

COVID-19 Weekly Report (4-10 May 2020)
International Law Office
  • International
  • 12 May 2020

The impact of COVID-19 is being felt in almost every work area across the globe. In order to keep readers abreast of this evolving situation, ILO's COVID-19 Weekly Report provides insight into the major legal developments of the past seven days, as well as a round-up of our panel of experienced international legal commentators' legislative and regulatory guidance.

Licensing during COVID-19 pandemic: compulsory or not?
Deriş Patents and Trademarks Agency
  • Turkey
  • 11 May 2020

Since the World Health Organisation declared COVID-19 a global pandemic, compulsory licensing has remained a hot topic in the IP world. As of 30 April 2020, Turkey had 120,204 confirmed cases of COVID-19. Although the official authorities have so far made no public announcements concerning compulsory licensing, this article sets out why Turkey has a significant role to play in the discussion.

IP-related measures adopted due to COVID-19
Grau & Angulo
  • Spain
  • 11 May 2020

The health crisis caused by the rapid spread of COVID-19 led to the approval and entry into force in Spain of Royal Decree 463/2020 on 14 March 2020, which declared a state of alarm. The situation led to the adoption of measures in the judicial and administrative areas. This article highlights the measures of interest for IP owners and practitioners that are adapting to the progressive changes in the situation.

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