Intellectual Property updates

Canada

Contributed by Smart & Biggar
Federal Court strikes price calculation provision of amendments to Patented Medicines Regulations
  • Canada
  • 10 August 2020

The Federal Court recently issued its decision on an application for judicial review of the Regulations Amending the Patented Medicines Regulations (Additional Factors and Information Reporting Requirements). The court ruled that Section 3(4), which would expand price calculation requirements in Section 4(4) of the Patented Medicines Regulations to encompass information beyond the first point of sale, was invalid. This article looks more closely into the court's decision and its implications.


China

Contributed by Wanhuida Intellectual Property
SPC publishes draft judicial interpretation on trade secret protection
  • China
  • 10 August 2020

The Supreme People's Court recently published the draft Judicial Interpretation on Several Issues Concerning the Application of Law in Civil Litigation on Trade Secret Violation. The draft judicial interpretation provides further details on several matters, including what can be protected as a trade secret, what protective measures a trade secret owner should apply and how damages should be calculated.


Greece

Contributed by A & K Metaxopoulos & Partners Law Firm
Journalism and copyright: other defences and exceptions to copyright claims
  • Greece
  • 10 August 2020

Defence strategies in copyright cases are, in principle, based on one of a number of grounds, including an objection as to whether a particular work falls under the protection of Law 2121/1993 on Copyright, Related Rights and Cultural Matters. For example, if a journalist sues a third party for copyright infringement, the defendant might claim that the journalist's work does not meet the criterion of originality if it contains only mere or actual information without any element of the author's personal contribution.


Hungary

Contributed by Danubia Patent and Law Office LLC
Every claim of opposition must be examined
  • Hungary
  • 10 August 2020

The Hungarian Intellectual Property Office (HIPO) recently rejected a trademark opposition in respect of the opponent's prior use and registered the disputed mark. However, as the HIPO failed to consider the opponent's arguments concerning copyright infringement, the Metropolitan Tribunal annulled the decision and ordered a new procedure. In the new procedure, the HIPO must examine whether the opponent sufficiently proved the alleged copyright infringement.


Indonesia

Contributed by Mirandah Asia (Indonesia) Pt
DGIP-JPO: PPH request window clearly defined for faster patent examination and grant
  • Indonesia
  • 10 August 2020

The renewal of the memorandum of understanding between the Indonesian Directorate General of Intellectual Property and the Japan Patent Office, comprising part of a joint statement of intent, has brought about an alteration to the possible timing of the filing of a request in connection with the patent prosecution highway programme between the two IP offices (concurrently renewed), which could make the examination and grant of Indonesian patents more efficient for applicants.