Intellectual Property updates

Canada

Contributed by Smart & Biggar/Fetherstonhaugh
Ontario Court of Appeal dismisses summary judgment appeal in Section 8 case
  • Canada
  • 25 June 2018

The Ontario Court of Appeal recently dismissed Abbott and Takeda's appeal of the Ontario Superior Court of Justice's decision to dismiss their motion for summary judgment in an action brought by Apotex under Section 8 of the Patented Medicines (Notice of Compliance) Regulations. The action concerned lansoprazole, the active ingredient in Apo-Lansoprazole. The Ontario Court of Appeal concluded that the motions judge had not erred in finding that Apo-Lansoprazole would have received approval in 2007.

Top five reasons to consider patent litigation in Canada
  • Canada
  • 25 June 2018

Canada has historically been a much less active jurisdiction for patent litigation compared to the United States, which can be explained in part by the simple fact that the US market is almost 10 times the size of the Canadian market. However, there are a few notable differences in the procedure and substantive law applied in both jurisdictions that have resulted in Canada becoming an increasingly attractive option for high-stakes patent litigation in recent years.


China

Contributed by Wanhuida Peksung IP Group
Winning first instance on procedural technicality not enough: final victory on merits remains necessary
  • China
  • 25 June 2018

The Beijing High Court recently ascertained that a cited mark had acquired well-known trademark status before the opposed mark's application date. Thus, the court corrected the first-instance court's findings, while upholding its decision to rescind the Trademark Review and Adjudication Board's decision for its failure to address all of the cited mark owner's claims.


Hungary

Contributed by Danubia Patent & Law Office LLC
Licensee of similar prior mark not infringer
  • Hungary
  • 25 June 2018

Although unable to find a precedent in Hungarian case law, the Metropolitan Tribunal was still able to arrive at a convincing decision in a recent case involving a licensee's use of a mark which had been registered before the plaintiff's similar mark. Surprisingly, the plaintiff not only continued the litigation after recognising that the defendant was a licensee of the proprietor of a prior mark, but also filed an appeal.


Mexico

Contributed by Becerril, Coca & Becerril SC
Right to free speech versus online copyright protection: are radical measures needed?
  • Mexico
  • 25 June 2018

The Supreme Court of Justice recently considered the legal relationship and boundaries between the right to free speech and the enforcement of copyright on the Internet and established four non-obligatory criteria which reflect that the Internet is a fundamental instrument for exercising free speech. Ultimately, excluding in exceptional situations, general restrictions on a website's operation on the basis of copyright infringement will not be considered constitutionally valid.


Taiwan

Contributed by Lee and Li Attorneys at Law
Determining adverse descriptions in technical evaluation reports
  • Taiwan
  • 25 June 2018

Under the Patent Act, utility model patents are examined using a formality examination system; the Taiwan Intellectual Property Office is not required to perform a substantive examination of patentability. However, as patent rights are granted without substantive examination, to prevent patentees from IP rights abuse, the Patent Act stipulates that when exercising a utility model patent, the patentee must not issue a warning without presenting a technical evaluation report.