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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Trademark holders often face the dilemma of whether and how to respond when their marks are used for comic effect, particularly when the humour is at their expense for another's commercial gain. Instinctively, trademark holders want to protect their marks, often with an aggressive legal response. However, that approach is not always wise and is now less likely to succeed, at least in one appellate circuit, following a recent case involving the well-known Jack Daniel's brand.
Some foreign brand owners may be surprised to learn that in Canada, when seeking to protect design (or figurative) marks, it is sometimes better to register marks in black and white in cases where the marks would normally be displayed in colour. Moreover, broader protection can typically be secured in Canada by registering design (or figurative) marks in black and white as opposed to including a colour claim.
In Finland, the validity of IP rights (except copyrights) is examined by the Finnish Patent and Trademark Office. The question of whether one party has infringed another party's valid IP rights may be addressed through litigation. A specialised IP court may be a good choice in certain circumstances. However, various alternative dispute resolution mechanisms are also available, depending on the IP right and the dispute in question.
In 2018 the Taiwan-Japan Relations Association and the Japan-Taiwan Exchange Association signed a memorandum of understanding on the exchange of patent file wrappers to facilitate the sharing of file histories and other relevant information sought by applicants and patent examiners between Taiwan and Japan. The Taiwan Intellectual Property Office recently announced the pilot of a shared platform for accessing patent examination documents.
Unsurprisingly, the combination of the COVID-19 pandemic and global lockdowns has resulted in increased consumer shopping online. To capture that increased demand, retailers have invested in both their website infrastructure and marketing budgets. Consumers now have no geographical limits on where they view and purchase goods. An unintended consequence of this is that it has shone a spotlight on the tension between trademarks which are territorial and online marketplaces which are not.
Where an application for a trademark which is substantially similar to a prior registered trademark is successful, does the use of the later filed trademark constitute infringement of the prior registered trademark? This situation is not explicitly addressed by the Trademark Act, but the courts have traditionally held that it does not constitute infringement. However, a recent Supreme Court ruling overturned this convention, highlighting the importance of early filing in South Korea.
Soon after the recent adoption of the third amendment to the Copyright Law, the Supreme People's Court promulgated the Opinions on Strengthening the Protection of Copyright and Copyright-Related Rights. The opinions aim to encourage the development of emerging industries and improve the quality and efficiency of copyright trials.
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 development stage of a product's innovation lifecycle.
Pharmaceutical trademarks often comprise a combination of elements (eg, prefixes, suffixes or commonly used words) that evoke the product's properties, active ingredients or therapeutic function. Any party may include commonly used terms in a trademark. However, to avoid the risk of confusion, pharmaceutical trademarks must include elements in addition to the common term to ensure that consumers can identify and distinguish the product's commercial origin.