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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IP transactions

02 NOVEMBER 2022

Legal considerations for international licensors and licensees conducting business in China

Foreign licensors and licensees need to be aware of the key consequences of doing business in China. Taking proper account of these will also help them weigh up whether to follow through with litigation or to go down the route of arbitration in the event of a dispute.

26 OCTOBER 2022

Trademarks and brands: key considerations for M&A transactions

It is crucial that a buyer or seller of a company does not overlook trademarks and brands in business acquisitions, or any red flags in that area. Luckily, there are solutions to overcome such complexities.

19 OCTOBER 2022

The key to success: technology transfer tips for university and research IP managers

The role of the technology transfer office is crucial for getting products to market. Implementing well thought-out strategies will allow these to flourish in your organisation.

31 AUGUST 2022

Why the Unitary Patent is not uniform and how this will affect patent transactions

With the inauguration of the UP regime in 2023 and the effects that it will have on patent transactions and deals, companies should be up to speed on which national law will apply to their granted UPs and whether they would benefit from restructuring their European operations.

27 JULY 2022

Be proactive about IP ownership

Employees are not necessarily always renumerated for their patented or patentable inventions. Therefore, employers are advised to take a number of steps to avoid disruptive issues over the ownership of intellectual property created by their employees.

20 JULY 2022

Patent ownership when your R&D staff depart

IP transactions face difficulties when inventor employees leave a company, raising questions as to whether their inventions are owned by the company. Often, the type of employee and the jurisdiction in question are key factors.

27 APRIL 2022

IP transactions in life sciences in ASEAN countries: data exclusivity

While the respective IP laws of ASEAN states differ with regard to data exclusivity in the field of life sciences, all are focused on strengthening the enforcement of IP rights for pharmaceutical products.

20 APRIL 2022

IP transactions in life sciences in ASEAN countries: IP ownership and sharing

The respective IP laws of ASEAN states differ when it comes to IP ownership and sharing provisions.

13 APRIL 2022

IP transactions in life sciences in ASEAN countries: data export controls

While there are no blanket restrictions on transferring life sciences data outside of ASEAN countries, this must be carried out in compliance with all applicable data protection law or guidelines.

23 MARCH 2022

IP transactions in life sciences: data transfer, sharing and exclusivity in China and Canada

It is imperative that life sciences professionals take account of issues surrounding data handling and technology transfer, in order to effectively maintain and enforce their IP rights

09 MARCH 2022

Why technology transfer leads to innovation success

Technology transfer is essential to securing favourable outcomes for early-stage inventions. A whistlestop tour of its background and development reveals how crucial it is to enabling organisations to guarantee a return on their research investments

02 MARCH 2022

Scaling and commercialising strategies: key forms of agreement

WLG professionals from Canada, China and the United Kingdom provide practical guidance on the necessity of seeking local advice when making agreements to commercialise intellectual property

23 FEBRUARY 2022

To sell or to license: how to choose the right strategy to commercialise technology rights

There are a number of issues to consider when transferring rights in a technology to another entity. Whether a company opts to sell or license, awareness of the local rules in which the transfer will take place is vital

26 JANUARY 2022

Licensing considerations for global companies in China

Parties intending to sign licensing agreements in China should be aware of issues that can create obstacles during this process. While licensing can successfully prevent patent infringement claims, both licensor and licensee should be confident about the terms of the agreement.

12 JANUARY 2022

Enforcement-related considerations for patent valuation: the perspective from Canada

The valuation of patent rights is not a straightforward matter. In Canada, the remedies available to patent owners are arguably the most important factor in determining value.

15 DECEMBER 2021

Crucial clauses in global IP transactions and the importance of local law advice

In this Q&A, three Gowlings WLG professionals provide practical advice from a local law perspective for IP transactions in three jurisdictions: Canada, China and the United Kingdom.

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