Market Insight

Market Insight updates, published weekly, are written by experts from around the world and provide short, timely digests of the latest developments – from court cases to fresh legislation – as well as focused analysis of particular industry challenges and activities.

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IP analytics

14 FEBRUARY 2024

South Korea most likely to take the lead in lithium-ion battery race

As the global lithium-ion battery invention space continues to grow in portfolio size and strength, all eyes are on South Korean firms, which dominate the top 10 patent holders. According to analysis, the country is on the path to claiming the patent portfolio top spot from Japan in the coming years.

10 JANUARY 2024

A year in review: key 2023 analytics reveal top global innovators

Patent analytics from the past year reveal significant progress in sustainable innovation, medical inventions, engineering patenting and autonomous driving, as well as who has taken the lead in the 5G patent race.

08 NOVEMBER 2023

Patent analysis reveals high-performance computing semiconductors behind AI boom

The current excitement around AI can be attributed to recent advances in semiconductor technology. It is critical to analyse which companies are leading the way in this sector as the co-development of advanced CMOS logic and advanced packaging will be key to enabling the next generation of high-performance computing devices.


14 FEBRUARY 2024

Delhi High Court division bench restores PepsiCo’s plant variety registration in judgment reversal

After having an appeal dismissed in a single-judge ruling, PepsiCo has finally reclaimed protection for its potato variety, which is used for making Lays crisps. The long-running case is spotlighting issues that can arise when entities take a casual approach to procedural compliance.

07 FEBRUARY 2024

Successful Novartis appeal provides critical clarification on India’s pre-grant opposition process

A Delhi High Court decision has highlighted that the pre-grant process can be abused by parties attempting to derail applications. The division bench has clearly distinguished between the examination and opposition processes, which should streamline the handling of pre-grant oppositions while safeguarding the interests of both sides.

13 DECEMBER 2023

Delhi High Court defines enhanced therapeutic efficacy in setting aside Indian Patent Office refusal order

In a pharmaceutical prosecution case, the Delhi High Court has issued a decision that provides much-needed clarity on Section 3(d) of the Patents Act. The ruling will serve as a useful guide for prosecuting future life science patent applications.


07 FEBRUARY 2024

Turkish court hands down precedential decision on partial preliminary injunctions in pharma dispute

Ruling on the condition of plausible proof, the Ankara IP Court has clarified that an injunction can be granted in a way that prevents damages for both parties. This is especially crucial for cases in which the infringing product is put on the market without waiting for an expert report.

10 JANUARY 2024

Court takes firm stance on concretising action in invalidation claims

The Istanbul Anatolian IP Court has decided that a recent invalidation action should be deemed not filed in accordance with Article 119 of the Code of Civil Procedure. This ruling is crucial to preventing future malicious invalidation actions that put the burden of concretising the case on the court.

04 OCTOBER 2023

AI inventorship open for debate in Turkey amid global DABUS rulings

As there is no AI regulation or precedent yet in Turkey, the question of AI inventorship is a key point of contention. Some argue that AI should be considered a legal entity, while others argue that the country follow Roman law principles.


24 JANUARY 2024

Supreme People’s Court offers much-needed guidance following high-profile monopoly dispute involving pharma patents

In a 2023 landmark life sciences ruling, the Supreme People’s IP Court overturned the first-instance judgment – a decision that is having lasting effects on the Chinese IP landscape when it comes to assessing monopolies that involve patents.

17 JANUARY 2024

Beijing IP Court docket statistics and new guidelines vital for foreign litigants

The Beijing IP Court’s newly revealed analytics highlight a fall in the number of IP cases docketed in 2023, the first decrease since its inauguration in 2014. To further facilitate foreign litigants, the court has introduced new guidelines to help them easily navigate China’s documentation processes going forward.

10 JANUARY 2024

How amended regulations to China’s Patent Law will impact the IP landscape

The amended Implementing Regulations of the Patent Law adjust several key aspects of China’s patent system, including partial design patents, national priority for designs, patent-term extensions and the open licensing regime, signalling welcome changes to the national IP landscape.


17 JANUARY 2024

Amended National Security Act imposes stricter punishments on trade secret misappropriation following new list of crucial tech

Taiwan’s National Science and Technology Council has released its first list of 22 technologies that it deems crucial to national security, signalling a strong determination to enhance trade secret protection in the semiconductor space and other sensitive industries.

20 DECEMBER 2023

Package inserts prove crucial in patent linkage litigation in Taiwan

A deep dive into the relevant case law suggests that courts in Taiwan take the indications listed in package inserts into careful consideration when determining whether a generic drug falls within the disputed patent's scope, so generic drug companies should be cautious when adopting a design-around strategy.


Start-ups can gain design protection faster with new accelerated examination programme

TIPO’s new pilot programme allows certain applicants to swiftly secure protection for their design patents, facilitates rapid responses to counterfeit designs and assists award winners and start-ups to obtain patent rights.


03 JANUARY 2024

How Scandinavian companies selling domestically might mitigate UPC risk

The Unified Patent Court presents numerous threats to Scandinavian companies that sell primarily to their home markets. While there are many benefits to pursuing a unitary patent, thorough due diligence is key and taking adequate time to strategise is critical.

14 JUNE 2023

The potential impact of the UPC on Scandinavian companies that sell domestically

Companies selling domestically in Scandinavian countries have enjoyed a low patent infringement risk due to the relatively limited number of European patents validated in Denmark, Sweden and Norway. This looks set to change with the launch of the UPC (including Denmark and Sweden as members), which will likely result in a higher number of active patents in the region.

17 MAY 2023

EPO Patent Index reveals Sweden and Denmark in top three of application tables by population size

Sweden and Denmark continue to hold their own in terms of patent filings against countries with significantly larger populations, indicating that regardless of size, countries – and their innovators – thrive when their governments take an active stance on supporting education and innovation.


13 DECEMBER 2023

European Court of Justice sets milestone in 3D trademark validity in Vespa dispute

The European Court of Justice has overturned an EUIPO ruling against Italian company Vespa, finding its conclusions to be flawed. The court’s decision provides much-needed clarity on the validity of 3D trademarks and the level of distinctiveness that is required.

31 MAY 2023

Grana Padano ruling raises fresh questions about PDO enforcement

The Court of Turin has issued a decision involving the Italian cheese Grana Padano, deeming the term ‘grana’ to be generic. This ruling directly contrasts an earlier Court of Venice decision on the same issue, indicating that there is a lack of harmonisation surrounding applications of protected designation of origins.

26 APRIL 2023

New nullity proceedings good news for trademark budgets in Italy

Italy’s IP office has launched new proceedings for determining nullity and revocation with the aim of providing a streamlined and significantly cheaper alternative to legal proceedings.

IP management

11 OCTOBER 2023

Leveraging intellectual property as bifunctional protein degraders enter clinical trials

The field of protein degraders is at an inflection point as more degraders enter the clinical space. Evaluating the patent filing activity will play a critical role in the ability to managing opportunities for licensing and partnerships.

16 AUGUST 2023

The winners and losers of RIS implementation: an IP management perspective

RIS poses a financial threat to equipment vendors whose technology will become obsolete – these firms should thus assess the strength of their intellectual property as an urgent priority to position themselves for the market ramp-up. On the other hand, RIS stands to benefit many, including telecom service providers, consumers, vendors with enabling technology and SEP owners.

02 AUGUST 2023

Who is who: key players in the global RIS patent landscape

RIS has received attention from a diverse number of players working towards creating SEP portfolios. As the technology progresses and becomes more sophisticated and with the standardisation process underway, an acceleration of patent filings in the coming years is very likely.


14 JUNE 2023

Illinois trade secret dispute proceeds on theory of inevitable disclosure

In theory, parties can seek relief for trade secret misappropriation before it even happens. When faced with possible misappropriation, trade secret owners should carefully review applicable NDAs and consider pleading both misappropriation and threatened misappropriation, and building a substantial, detailed evidence record.

12 APRIL 2023

Statute of limitations is a key issue in Delaware trade secret dispute

The ongoing Illumina case highlights three valuable lessons for trade secret owners in the United States: monitor former employees’ patent filings, be cognisant of the applicable statute of limitations, and carefully plead any facts that are available to support its tolling.

Intangible asset valuation

26 APRIL 2023

Starbucks success proves that brand vision is a critical intangible asset

A company’s brand can be one of its most valuable intangible assets and neglecting it in pursuit of scale can be extremely damaging. In this regard, business owners can learn important lessons from Starbucks – one of the great business success stories in the world.

08 MARCH 2023

Using intangible assets to super charge business valuations

Value can be hidden in the many years of effort, millions of dollars of investment capital and fine-tuned market strategies, which all contribute to driving long-term business success and scaling up a company’s overall worth. It is thus crucial to find a way to reflect this on a company’s balance sheet.

15 FEBRUARY 2023

What college football can teach SPAC sponsors

SPACs can learn much from Coach Saban’s so-called ‘seven-second process’, reshaping it into a unique method to keep investors excited about target businesses and their intangible assets during the dreaded transfer portal period.


13 APRIL 2022

Extrajudicial admissions: can everything you say be used against you?

In Belgium, no specific provisions exist regarding the admissibility of extrajudicial admissions in court proceedings relating to patents. However, case law shows that the courts will take extrajudicial admissions into account and that it can be difficult for parties to take back such statements.

06 APRIL 2022

How to avoid language barriers when filing patent applications in Belgium

Belgium has a complex institutional system in which the use of official languages is sometimes at the heart of public debate. While the Laws on the Use of Languages in Administrative Matters still play an important role in the lives of Belgians, what are the legal consequences of these laws for Belgian patent applications?

30 MARCH 2022

Measures to enforce Belgian patent rights in court

Civil proceedings can be a formidable option for patent owners to uphold their rights. A range of options, all of which have the goal of matching the damages and the compensation for a rights holder with an infringed patent, means that there is plenty to consider when developing an IP strategy for Belgium.


16 MARCH 2022

Supreme Court ruling on remuneration for employee inventions creates more uncertainty

A Supreme Court judgment opens the door to employee claims for additional remuneration against entrepreneurs who exploit their inventions – irrespective of whether a patent was granted. However, it also contradicts previous case law, making the situation less clear than ever

12 JANUARY 2022

Supreme Court dispels doubts about statute of limitations for claims arising from industrial property infringements

A fresh ruling involving the systematic infringement of an EU trademark appears to have ended the debate on continuous infringement in Poland – and could also have big implications for patent holders.

27 OCTOBER 2021

IP litigation in Poland is now (almost) completely remote

Remote hearings have become a mainstay in Polish litigation. A rundown of the current rules on IP litigation and how cases are being heard in the common courts, administrative courts, Polish Patent Office and at the Supreme Court provides an invaluable snapshot of the current system.

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