Market Insight

New 29 MARCH 2023

While Turkey is not a UPC member state, the UPC’s lack of case law means that it will rely on EPO jurisprudence – a crucial element of Turkish judicial proceedings. It is thus highly likely that UPC proceedings and EPO evaluations will have a big impact on one another.

Authors:
Selin Sinem Erciyas, Aysel Korkmaz Yatkın, Aysu Eryaşar and Zeynep Çağla Üstün

25 JANUARY 2023

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.

Authors:
Aysel Korkmaz Yatkın, Selin Sinem Erciyas and Aysu Eryaşar

14 DECEMBER 2022

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.

Authors:
Aysel Korkmaz Yatkın, Selin Sinem Erciyas and Zeynep Çağla Üstün

New 29 MARCH 2023

The long-running Zorro case clarifies the boundaries of parody in relation to well-known trademarks. The court asserted that a parody must respect a fair balance between the author's freedom of expression and the rights of the original work's owner.

Authors:
Giorgio Gazzola

22 MARCH 2023

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.

Authors:
Giorgio Gazzola

15 MARCH 2023

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.

Authors:
Sanhita Chatterjee

01 MARCH 2023

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.

Authors:
Surendra Sharma and Sanhita Chatterjee

22 FEBRUARY 2023

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.

Authors:
Sanhita Chatterjee and Surendra Sharma

08 MARCH 2023

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.

Authors:
Daniel Skiebe

22 FEBRUARY 2023

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.

Authors:
Daniel Skiebe

01 FEBRUARY 2023

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.

Authors:
Ramona Sorgenfrei

08 MARCH 2023

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.

Authors:
Aden Ong

15 FEBRUARY 2023

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.

Authors:
Kevin Mays

14 DECEMBER 2022

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

Authors:
Tyler Capson

08 MARCH 2023

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.

Authors:
Marilena Nikolaraki

14 DECEMBER 2022

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.

Authors:
Marilena Nikolaraki

06 APRIL 2022

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.

Authors:
Panagiota Goula and Katerina Nikolaou

22 FEBRUARY 2023

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.

Authors:
Shuhua Zhang

11 JANUARY 2023

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.

Authors:
Li Yunquan, Song Yuanyuan and He Junyi

14 DECEMBER 2022

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.

Authors:
Johnson Li and Huaiyu Wang

22 FEBRUARY 2023

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.

Authors:
Camilla Rendal Nielsen

08 FEBRUARY 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.

Authors:
Anders Fredriksson

09 NOVEMBER 2022

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.

Authors:
Anders Fredriksson

08 FEBRUARY 2023

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.

Authors:
Tim Pohlmann

25 JANUARY 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.

Authors:
Tim Pohlmann

18 JANUARY 2023

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.

Authors:
Tim Pohlmann

25 JANUARY 2023

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.

Authors:
Jane Wang and Li-Ying Lin

04 JANUARY 2023

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.

Authors:
Jane Wang and Jason Renjie Liou

23 NOVEMBER 2022

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.

Authors:
Yulan Kuo and Jane Hou

04 MAY 2022

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.

Authors:
Jeffrey Tiong

28 JULY 2021

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.

Authors:
Piya Jain

12 MAY 2021

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.

Authors:
Jack Jones

13 APRIL 2022

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.

Authors:
Johan Aerts

06 APRIL 2022

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?

Authors:
Stéphane Korvers

30 MARCH 2022

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.

Authors:
Philippe Gratessolle

16 MARCH 2022

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

Authors:
Marcin Ziarkowski

12 JANUARY 2022

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.

Authors:
Marcin Ziarkowski

27 OCTOBER 2021

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.

Authors:
Jakub Zabraniak

06 JANUARY 2021

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?

Authors:
Drew Lowery and Rochelle Hinman

16 DECEMBER 2020

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?

Authors:
Drew Lowery and Rochelle Hinman

02 DECEMBER 2020

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.

Authors:
Bruce Rubinger and Brendan Sever