International reports results - found 1,408
Original equipment manufacturers: implications of latest Supreme People’s Court decision (International reports)
The Supreme People's Court has reaffirmed that the use of trademarks on original equipment manufacturer (OEM) products exclusively for export does not constitute trademark infringement. However, it is still unclear whether OEM use is sufficient evidence against non-use cancellations.
Multi-district states and burden of persuasion: Federal Circuit resolves issues of venue (International reports)
The Federal Circuit has resolved two issues regarding venue, ruling that a domestic corporation resides only in the single judicial district within its state of incorporation where it maintains a principal place of business and that the plaintiff bears the burden of establishing proper venue.
General Court increases burden of proof for genuine use (International reports)
The General Court has held that genuine use of a trademark can be proven only for sufficiently precise and narrowly claimed terms, rejecting a case citing ‘apparatus for the reproduction of sound and images’. In doing so, the court has placed a higher burden of proof on trademark owners.
GDPR challenges for Serbian businesses and IP registries (International reports)
The General Data Protection Regulation will affect the disclosure of a company’s IP rights, as well as the availability of personal data contained in official IP registers. Registers must adapt to both allow access to the registries and protect personal data contained therein.
Amendment passed providing legal privilege to patent attorneys before Danish courts (International reports)
The proposition to amend the Administration of Justice Act was recently passed in Parliament. The amendment was passed unanimously and provides European patent attorneys with a legal privilege similar to that of lawyers.
Declaration of use under new IP Law: consequences and timelines (International reports)
The new IP Law has abolished the Patent Decree-Law provisions regarding the use requirement of patents and evidence of use. The new law states that non-use of a patent could result in a third party being granted a compulsory licence over that patent.
Trademark and branding pitfalls in a hashtag culture (International reports)
With viral marketing using social media hashtags on the rise, some practitioners predict an increase in the use of the merely informational refusal for trademark applications. Brand owners should be aware of what this involves and how to avoid it.
Patent Attorney Act to include disability rights (International reports)
The Executive Yuan has passed a draft amendment to Articles 4, 37 and 40 of the Patent Attorney Act. The amendment removes a provision which prevents those with disabilities from being patent attorneys or agents.
District court confirms regulatory data protection is an IP right (International reports)
The IP Court recently rejected jurisdiction in a case regarding regulatory data protection. However, on appeal the district court found that the case concerned data exclusivity rights and the protection of unrevealed data, which is within the scope of IP courts.
Sweden and Japan celebrate 150-year anniversary as JPO relaxes patent approach (International reports)
Japan is regarded by Swedish companies as a highly innovative country and an important market. In a seemingly deliberate strategy to attract more companies to do business in Japan, statistics show that the number of patents granted at the Japan Patent Office has increased rapidly since 2010.
First damages claim decision in pharma sector for unjust preliminary injunction (International reports)
The Istanbul IP Court has recently decided on a generic company’s damages claim based on an unjust preliminary injunction, in what appears to be the first decision of its kind by Turkish IP courts within the pharmaceutical sector.
USPTO guidance on subject-matter eligibility following Berkheimer decision (International reports)
The US Patent and Trademark Office has recently provided additional guidance to its examiners on the issue of subject-matter eligibility, which could make it easier for applicants to overcome rejections under 35 USC Section 101.
How the revised Trademark Law has been implemented: examination timeline and a new online database (International reports)
In the second of two instalments regarding the implementation of the 2014 Trademark Law, this update looks at the new examination timelines and how the Trademark Review and Adjudication Board has launched a new online database for decisions.
Supreme Court rules PTAB proceedings constitutional (International reports)
The Supreme Court has issued dual decisions with substantial implications for the future of inter partes reviews and related proceedings for challenging the validity of patent claims before the Patent Trial and Appeal Board.
How the revised Trademark Law has been implemented: bad faith and the latest case trends (International reports)
Since the revision of the Trademark Law in 2014, detailed regulations, judicial interpretations and examination standards have been implemented. This update focuses on how the revised law has been used to tackle bad-faith filings and looks at the latest trends in such cases.
Russian regulators provide clarity on cryptocurrency and crowdfunding (International reports)
The Russian market is investing rapidly in blockchain technology and fintech, with regulators largely having been forced to catch up. Accordingly, two draft bills regulating digital financial assets and alternative means of investment generation (crowdfunding) have been developed.
Music publishers score major victory in closely watched copyright case (International reports)
Six music publisher groups were recently granted summary judgment on an infringement claim relating to copyrights in approximately 200 musical compositions in audio and audiovisual concert recordings offered as on-demand streams and digital downloads through the defendants' websites.
Claiming costs and expenses in High Court litigation as licensee (International reports)
While there are many good reasons for recording a patent licence and keeping an up-to-date register, a recent High Court ruling illustrates the tangible effect of failing to record a licence: the threat of missing out on recovering legal costs.
TIPO introduces new hearing system for invalidation proceedings (International reports)
The Taiwan Intellectual Property Office recently implemented the Guidelines on Hearing Procedures for Patent Invalidation Cases, which is based on the Administrative Procedure Act and aims to save time and money by allowing adversarial hearings without amending the Patent Act.
IP rights what does the future hold after Brexit? (International reports)
The European Commission recently published its draft withdrawal agreement setting out its proposals for the arrangements surrounding the United Kingdom’s departure from the European Union, including in relation to IP rights.
Register for more free content
- Read more IAM blogs and articles
- Receive the editor's weekly review by email