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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Germany

New 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.

14 DECEMBER 2022

BMW case highlights corporate personality rights and when it is safe to use them

Using company designations in customer reference lists without explicit authorisation is grounds for infringement, Munich’s regional court has held. However, this ruling does not guarantee that further reimbursement will be granted.

07 DECEMBER 2022

Rubik’s Cube ruling provides clarity for IP portfolio managers

Frankfurt’s regional court has ruled that the famous toy does not qualify for copyright protection, highlighting the strategic value of using a variety of different rights to protect functional objects.

India

New 01 FEBRUARY 2023

Delhi High Court holds that known substances must be clearly identified

The onus of identifying known substances in pharmaceutical patent applications is on the Indian Patent Office, according to a new ruling, which provides fresh clarity for prospective applicants.

30 NOVEMBER 2022

Filing trends reveal how India is keeping pace with the EV revolution

India is witnessing the development of robust EV charging infrastructure in response to a series of government initiatives designed to support the country’s rapid EV adoption objective.

16 NOVEMBER 2022

Food for thought: complexities behind protecting food-related intellectual property in India

The lack of specific trade secret legislation and definition of a ‘fixed form’ in India presents challenges to how edible creative work can be protected.

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.

IP analytics

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.

09 NOVEMBER 2022

Race to the top: the key contenders in the IoT SEP space

The number of declared patents in the IoT SEP space is increasing annually as the demand for smart technology accelerates. Licensing of SEPs in IoT – especially those related to NB-IoT and LTE-M – will be a major challenge for industries looking to adapt connectivity technologies.

China

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.

07 DECEMBER 2022

CNIPA invalidates a copycat mark based on prior name right of a French designer

The CNIPA is beefing up efforts to clamp down on bad-faith filings, so it is crucial that brand owners leave no stone unturned to prove bad faith of copycat infringers.

Greece

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.

Intangible asset valuation

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.

07 DECEMBER 2022

The power of music as an alternative asset class

Many artists assume that monetary value lies in physical objects such as instruments, awards or records, but they overlook the impact of intangibles. The real key to unlocking wealth for artists is hidden in plain sight.

30 NOVEMBER 2022

Storage Wars: the price of overlooking hidden intangible assets

Companies are failing to conduct proper due diligence assessments that consider intangible assets, which is proving detrimental to their organisation’s true value.

Scandinavia

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.

31 AUGUST 2022

Economic implications of the UPC for Scandinavia and beyond - part 2

The launch of the new UPC will introduce markedly different changes to the patent landscape, but there are still many unknowns. Possible developments include increased opposition proceedings and third-party observations.

01 JUNE 2022

Why joining NATO could boost intellectual property in the Swedish and Finnish defence industries

Neither Sweden nor Finland are currently members of NATO, but joining and subsequently entering the agreement to safeguard the secrecy of inventions related to defence would give domestic defence companies access to new markets.

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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