Latest updates

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.

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).

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.

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.

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.

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.

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.

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.

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.

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.

COVID-19 Weekly Report (27 April-3 May 2020)
International Law Office
  • International
  • 05 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.

CIPO deadlines further extended
Smart & Biggar
  • Canada
  • 04 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 15 May 2020 are now extended until 19 May 2020 (18 May 2020 being Victoria Day, when the CIPO is closed to the public).

Patent rights for vaccines and research against COVID-19
KISCH IP
  • South Africa
  • 04 May 2020

As the COVID-19 pandemic spreads across the globe, companies are scrambling to find a cure and be the first to own patent rights to a vaccine against the virus. In South Africa, the Patents Act does not define an invention but rather lists a number of exclusions as to what could constitute a patentable invention. In particular, the act specifies that a scientific discovery is not an invention, which raises the question of whether the genetic sequence of COVID-19 could be patented in South Africa.

Trademark use on signboards by unauthorised retailers
Wanhuida Intellectual Property
  • China
  • 04 May 2020

In China, foreign brand owners are becoming increasingly concerned about unauthorised retailers using their trademarks on signboards. The legal issue is complicated by the fact that these unauthorised retailers are selling genuine goods which originate from parallel imports.

Community design courts find infringement of well-known GHD hair straighteners
Grau & Angulo
  • European Union
  • 27 April 2020

Section 8 of the Alicante Court of Appeal, acting as the Community Design Court, recently confirmed the infringement of Jemella Limited's Community design which had previously been declared by the first-instance Community design court. The Community design in question protected the special shape of the well-known GHD IV Styler hair straightener.

Current search

Refine search

Type

Work area

Jurisdiction

Firm