Market Insight

Updates from an international team of correspondents who report on recent developments in IP law and practice in their home jurisdictions, as well as strategic issues and those relating to finance, dealmaking and valuation.

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Italy

New 22 MARCH 2023

New legislation overhauls and their impact on IP litigation

While the codification of remote hearings, a triple exchange of briefs and the simplification of procedures may present new challenges, these new reforms should ultimately bring about positive changes to the justice system by streamlining and modernising procedures.

India

15 MARCH 2023

Indian Patent Office and Delhi High Court at odds over lack of sufficient reasoning in landscape-shaping decisions

The Delhi High Court has had to raise natural justice principles with the Patent Office in multiple 2022 cases, a crucial reminder that parties must be provided with fair opportunities and rulings backed with reasonable explanations.

01 MARCH 2023

Natural justice redefined and reinforced in key 2022 decisions against the Patent Office

Last year saw many decisions that could well have a lasting impact on the Indian prosecution landscape. The Delhi High Court continued to display its strength as it went head-to-head with the Indian Patent Office in several landmark rulings.

22 FEBRUARY 2023

Critical 2022 high court decisions shaping the Indian prosecution landscape

The abolishment of the IPAB in 2021 sparked doubts about whether India’s high courts could handle the heavy case load. However, the Delhi High Court continues to prove its ability to stand strong as it rules on claim amendments and divisional applications.

Germany

08 MARCH 2023

Regional courts unmoved by new disproportionality amendment to the German Patent Act

In what can be seen as a relief for patent holders, the new disproportionality exception for the enforcement of patent injunctions has left the German district courts' strict approach to injunctions unchanged.

22 FEBRUARY 2023

CJEU ruling on preliminary injunctions sets regional courts on different paths

Patent litigators in Germany are feeling the effects of Phoenix Contact. While it was widely anticipated that German courts might alter their jurisprudence as a result, Düsseldorf and Munich’s regional courts are taking noticeably diverging approaches now that the first decisions on the matter have been published.

01 FEBRUARY 2023

German court establishes legal certainty for appeals against EPO decisions

The German Federal Constitutional Court has ruled against plaintiffs who argued that the EPO violated fundamental procedural rights and possesses obvious shortcomings in its level of legal protection.

Intangible asset valuation

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.

14 DECEMBER 2022

Provenance and transparency: secret weapons to revolutionise brand value

Companies cannot afford to be indifferent to ESG practices – transforming their approach will have a substantial impact on shareholder value and other intangible assets.

Greece

08 MARCH 2023

Why urgency is critical for injunctive relief in Greece

Under the Greek Patent Law, European patent applicants can enjoy provisional protection against potential infringers, so long as they successfully carry out certain formalities and can justify that their request is sufficiently urgent.

14 DECEMBER 2022

How to secure software patents in Greece

Legal protection for software remains highly challenging in Greece. Patent hopefuls must ensure that their programs contain – and omit – key characteristics outlined by the EPO and Greek law.

06 APRIL 2022

Why stronger IP provisions in EU free trade agreements are needed

The introduction of more effective provisions in free trade agreements promises to give a boost to EU economies, including that of Greece. This is especially pertinent in light of the number of employees working in IP-intensive sectors.

China

22 FEBRUARY 2023

Assessing patent stability before enforcement in China

The number of invalidation attempts in China is staggering, with chances of success in such actions fairly high. It is thus vital for patentees to be armed with knowledge before enforcing their patent as doing so will almost always trigger an invalidation attempt.

11 JANUARY 2023

Filing trademarks in China: key steps for foreign applicants

Both the national and international registration routes have benefits and pitfalls for foreign entities seeking to register their trademarks in China. It is crucial to develop a thorough checklist in order to make an informed decision.

14 DECEMBER 2022

The legitimate source defence and why it is good news for defendants in patent infringement disputes

The Intellectual Property Court of the Supreme People’s Court has zeroed in on Renhengde v Huzhou Aixin & Huzhou MCHC Hospital to clarify the criteria of the legitimate source defence, offering a way out of damages liability.

Scandinavia

22 FEBRUARY 2023

Why applicants should start their PPH journey in Denmark or Sweden

In order to obtain the broadest possible grant, it is a smart move to select a patent office that is a member of one of the larger PPH schemes and also pursues partnerships and bilateral agreements with non-member nations.

08 FEBRUARY 2023

Two prosecution strategies that could help Scandinavian exports balance costs in 2023

Organisations worldwide are anticipating a reduction in consumer spending this year, making it vital for export-driven companies in Scandinavia to streamline their patenting processes and set reasonable expectations for scope of protection.

09 NOVEMBER 2022

Striking the balance: how to reduce costs and maintain foreign patent protection for Scandinavian exports

In a climate of business uncertainty, re-examining the focus of your patent portfolio can be a complex but essential exercise. A strategic mindset can help export-driven companies reduce costs while maintaining adequate foreign protection.

IP analytics

08 FEBRUARY 2023

Chief IP strategy officer sheds light on ZTE’s SEP portfolio management strategy

In an exclusive interview with Tim Pohlmann, Mang Zhu offers some insights into how she built one of the world’s largest 5G portfolios and, in the process, married key R&D goals with critical standards development work.

25 JANUARY 2023

Auto industry demands a fresh SEP/FRAND focus in 2023

Power in the OEM space is shifting, while 2023 promises even greater numbers of standards implemented in vehicles. IP professionals, as well as directors in standards development, should bear several key considerations in mind as we settle into the new year.

18 JANUARY 2023

A year in review: key SEP/FRAND discussions in 2022

SEP/FRAND discussions dominated conferences, webinars and symposiums over 2022. This two-part review examines the key takeaways from these conversations, with a special focus on industries where standards subject to SEPs are implemented.

Turkey

25 JANUARY 2023

What the plausibility requirement means for Turkish IP law

The heavily debated concept of plausibility is quickly gaining prominence in invalidity proceedings. While it remains to be seen how the EPO will cement the concept into case law, several key existing cases present a number of conflicting arguments on the issue.

14 DECEMBER 2022

The dangers of basing preliminary injunctions on determination of evidence

Pharmaceutical patent holders have the unenviable task of providing evidence before IP courts to prove infringement to obtain a preliminary injunction decision to prevent launch of the infringing product to the market. Unfortunately, disparities in Turkish courts’ approaches to requests for determination of evidence are making a challenging job even harder.

28 SEPTEMBER 2022

Why compulsory licensing is a blunt instrument in the post-covid landscape

Turkey’s recent compulsory licence decision shines a light on the questionable use of compulsory licence provisions around the world in relation to the pandemic. The creation of the covid vaccine has sparked discussions on IP rights and where the real regulatory focus should be.

Taiwan

25 JANUARY 2023

Six key outcomes of Taiwan’s IP law overhaul

Taiwan’s Intellectual Property Case Adjudication Act is being amended in order to strengthen the protection of trade secrets and modernise the country’s IP litigation system.

04 JANUARY 2023

Electronic certificates: why they are good news for patent applicants

The new year has brought in new options for patent applicants in Taiwan, whose ability to obtain an electronic certificate should prove to be widely beneficial.

23 NOVEMBER 2022

IP office hits pause to evaluate pilot programme to boost examiner expertise

Designed to help patent examiners grasp complex technical concepts, the one-year trial period for the Industry Collaborative Patent Interview pilot programme has come to an end. TIPO is now considering the first year and whether to continue with the initiative.

Patent Outsourcing: Outsourcing IP tasks

04 MAY 2022

To World IP Day and beyond: how patents helped save Toy Story and inspire the next generation of filmmaking

A sound patent outsourcing strategy proved crucial in Pixar’s drive to complete the production of Toy Story, paving the way for its unprecedented success.

28 JULY 2021

The benefits of outsourcing patent activities for life science companies in a changing IP landscape

As life science companies reassess their IP strategies in the wake of covid-19, outsourcing patent research and analysis could be an ideal solution to issues associated with patentability and patent cliffs.

12 MAY 2021

Outsourcing for IP professionals: benefits, ethics and risk management

When it comes to outsourcing intellectual property, there are a number of aspects to take into consideration. In particular, IP professionals need to stay alert about the rules governing fee splitting.

Belgium

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.

Poland

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.

IP management

06 JANUARY 2021

How Gilead is effectively managing past intellectual property and covid-19 anti-viral clinical trials

As covid-19 vaccines are being rolled out, many entities are expanding on their past patent portfolios as R&D increases in this sphere. But what does this mean for effective IP management?

16 DECEMBER 2020

How companies are leveraging existing anti-viral drug patents for covid-19 treatments

In the race for covid-19 treatment and prevention, many entities are growing their patent portfolios as R&D increases in this sphere. But what does this mean for effective IP management?

02 DECEMBER 2020

The queen's gambit – integrating a diligent Japanese prior art search into your plan can be a game changer

Getting the most out of a manual prior art search can require considerable effort but a thorough job can pay substantial dividends – as evidenced by a case involving Japanese prior art.

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