International reports

In the past few years, e-vehicle sales have greatly risen. While the global market share is still small, forecasts predict that sales will grow by around 40% in 2019. While patents for fuel cell batteries are increasing in number, some major automotive companies have not yet taken the plunge to develop this technology. Full text

In the second part of a two-part series, IPlytics looks at what the leaders in the 5G patent race are doing to stay at the top, and the indicators that other companies will move up in the future. Full text

In a two-part series, the IPlytics Platform was used to determine the leaders in the 5G patent race. Owners of 5G SEPs will likely become technology and market leaders, thus enabling 5G connectivity in various markets. Further, companies will have to use SEPs when implementing standardised 5G technology. Full text

Best practice in IP management reflects a transformation in perceptions about intellectual property, including how IP management is framed and suitable IP performance metrics, organisational structure and implementation. Full text

Emerging best practices in IP management reflect an awareness that the traditional management approach is extremely wasteful and significant improvements could be made through eliminating or reducing sources of waste. Full text

Though innovators promise standard development organisations to license their SEPs on FRAND terms and conditions, there is a question over whether effective rates against which contracts are evaluated can enable reliable comparisons. Even if a licensor executes identical terms and conditions, can effective rates capture actual contract terms? Full text

In the second part of this two-part series, experts take a deep dive into the obstacles to proving the existence of a royalty stacking problem, as well as the difficulties with obtaining a remedy from courts against any individual party. Full text

According to standards implementers, royalty stacking is a prevailing problem in SEP litigation. Further, they claim that individual licensors legally cause that problem, thereby violating their FRAND obligations. The first part of this article gives the economic definition of the ‘royalty stacking problem’ and suggestions on how to deal with it. Full text

In light of global trends placing 3D printing at the forefront of the so-called ‘4.0 industry’, companies involved in advanced manufacturing should consider expanding into and investing in the Brazilian market. New research suggests that there is an opportunity for businesses in Brazil to benefit from this technology without infringing third-party rights. Full text

Expert evidence is a type of proof provided in Articles 464 to 480 of the Brazilian Civil Procedure Code. An expert assists the judge in order to help them form their understanding of the facts in the case, as this sometimes requires specialised technical and/or scientific knowledge. This process is not carried out for patent-related actions and there is concern among IP professionals that this is having a detrimental effect on court decisions. Full text

The general rule of the Industrial Property Law is that patents are valid for 20 years from the date of filing. However, the same law provides that the term must not be less than 10 years from the date of grant. This has caused a great deal of confusion. However, the stance on the validity of mailbox patents has been clarified in a recent decision. Full text

Trade secrets allow businesses to obtain a commercial advantage over competitors which do not know or cannot use the secret. However, the secret must be managed carefully to avoid loss of rights. Full text

Domain name strategy and portfolio management should be a key component of a brand’s overall IP strategy ‒ a mindful, measured and disciplined approach is crucial. Full text

Personality – including, name, voice, likeness and signature – can have tremendous commercial value. Although lagging somewhat, personality protection can be found in Canadian trademark law, in common law under the torts of misappropriation of personality and passing off, and under privacy statues.    Full text

As it marks the 10th anniversary of the implementation of the national IP strategy, the Chinese government has taken the next step in restructuring the offices that administer various IP rights. This includes the implementation of a faster timeframe for patent examination, provisions to curb bad-faith filings and the introduction of the E-commerce Law. Full text

The amendments of 23 April 2019 to the Trademark Law will come into effect on 1 November 2019. These changes are a promising next step in the Chinese government’s stand against bad-faith filings and trademark infringement in China. Full text

Designing a unique and striking app name and icon is crucial for developers keen to set their innovations apart from competitors. However, it is important to protect the app name and enforce your trademark rights to prevent others from profiting on the app’s success.   Full text

According to the Israel Patent Office’s annual reports, there has been a considerable rise in foreign submissions made in Class 14, also known as the Mobile Class. This is not a coincidence – changes in design law have made Israel stand out as a competitor in the global mobile market. Full text

The Israel Patent Office recently published its 2017 Annual Report, revealing interesting trends and changes in the IP registration system in Israel. Full text

The Ministry of Health has invited individuals, organisations and stakeholders to participate in the examination process for the need to amend Section 47D of the Pharmacists Ordinance. Full text

The Court of Milan has confirmed that an urgent declaration of non-infringement can be granted even if the allegedly infringing product has already been launched on the market. Full text

The Italian Industrial Property Code has amended existing provisions and added new ones, with the aim of reinforcing the protection of trademark owners’ rights and harmonising the IP laws of EU member states. Full text

In a recent decision, the Court of Milan has offered a broad interpretation of employers’ rights to patents filed by employees where the patents are in the employer’s general field. It opined that the employer should be favoured in the case at hand as the inventive act was carried out under an employment contract, although the employee could still be entitled to a reward. Full text

The Japanese IP High Court has ruled that retweeting an infringing tweet also constitutes copyright infringement and has ordered the disclosure of user information to a copyright owner. The decision may make users feel uneasy and prompt Twitter to review its retweet function. Full text

A recent report has suggested amending the Design Law in order to address increasingly diverse methods of design. Among other things, Japan is considering expanding protection to projected and spatial designs, as well as relaxing the rules governing a series of designs for a given product. Full text

The Japan Patent Office has revealed the latest numbers of patent applications for business-related inventions, showing a significant increase since 2011. As new technologies such as artificial intelligence and the Internet of Things gain traction, business-related patents are becoming increasingly attractive. Full text

The new updated Industrial Property Law, which came into force earlier this year, has transformed the legal position of holders of non-exclusive trademark licences in Poland. Holders of both exclusive and non-exclusive trademark licences now have the right to enforce the marks they license in their own name, regardless of whether the licence is registered in the Trademark Register. Full text

The EU Regulation on Supplementary Protection Certificates (SPC) for Medicinal Products is due to enter into force on 1 July 2019. The legislation introduces a long-awaited SPC manufacturing waiver, which aims to remedy the unintended consequences of the current SPC model and react to the changes that have occurred in the pharmaceutical industry over the last three decades. Full text

An amendment to the Industrial Property Law aims to implement the provisions in the EU Directive 2015/2436 that approximate EU member states’ trademark laws. The amendment has simplified the definition of a ‘trademark’ and, as a result, has removed the graphical representation requirement when filing an application with the Polish Patent Office. Full text

Since 2003 it has been possible to extend the duration or term of a Russian patent for a drug, pesticide or agricultural chemical by up to five years. It used to be possible to extend patent claims related to a substance, antibody or pharmaceutical formulation. However, in 2015 the regulations were tightened. Knowing how to achieve the maximum scope of protection provided by an additional patent is key. Full text

According to a recent report, almost half of all Russian millennials use blogs and social media to learn about luxury brands. However, influencer marketing has raised many questions among brand owners, as well as legal concerns, since Russian laws support a broad interpretation of advertising and discourage indirect advertisements. Full text

A specialised customs division created to detect and destroy sanctioned foodstuffs following President Vladimir Putin’s prohibition on the import of certain products is now being used to detect other illegal products, such as counterfeit goods and drugs. Full text

In the latest case relating to AstraZeneca’s anti-cancer drug Faslodex, a registration was revoked by the Patent Court for lack of inventive step due to pre-published scientific articles; the Supreme Court recently remitted the case back to the Patent Court. Full text

The granting practice of supplementary protection certificates (SPCs) was recently challenged at the Federal Patent Court. In yet another SPC matter, the Federal Patent Court assessed the scope of an SPC in summary proceedings. Full text

The supplementary protection certificate granting practice in Switzerland is being challenged at the Federal Patent Court – in particular, whether and if so how the granting practice should be brought in line with recent European Court of Justice case law. Full text

Given the uncertainty surrounding the utility model patent application process in Taiwan, underlying patent rights can often be abused by patentees. To help utility model applicants, a new measure has been introduced, giving patentees that receive an unfavourable evaluation the chance to provide an additional explanation. Full text

On 20 June 2019 the Taiwan Intellectual Property Office’s new Examination Guidelines titled Third-Party Submissions came into force. The guidelines have clarified the parameters for submission requirements, who can file a third-party submission and how these declarations are reviewed by the examiner. Full text

In an abrupt u-turn, the Taiwanese Food and Drug Administration (FDA) has gone from excluding biosimilars from the patent linkage system in November 2018 to including them in January 2019. The disputes that arose as a result of the exclusion still cannot be resolved, even though the FDA said that it had considered the impact on local companies as most of them are generic or biosimilar drug manufacturers. Full text

In a recent case concerning the regulatory data protection term for a drug, the court found that the filing of an abridged marketing authorisation application for a generic drug is a legal right under the licensing regulation of the Ministry of Health; therefore, utilising a legal right does not constitute unfair competition. Full text

It has become common for plaintiffs in an invalidation or determination of non-infringement action to demand a precautionary injunction against a defendant patentee to prevent it from enforcing its rights. However, recent case law suggests that the issue is far from straightforward. Full text

The Istanbul Court of Intellectual and Industrial Property has ordered a patentee to pay €333,000 to the manufacturer of a generic pharmaceutical after an injunction was unfairly granted against the manufacturer’s product. However, both parties are appealing the decision – the first in this area.  Full text

The second part of this two-part series elaborates on specific types of plastic and the IP rights surrounding the sustainable materials sector. Full text

There is significant R&D into alternatives to single-use plastics. Knowing how to protect inventions is key in this highly sought-after sector. Part one of a two-part series covers the kinds of plastics that are being developed at the moment. Full text

It is possible to protect the appearance of products throughout the European Union using registered and unregistered Community designs. In order for these to be valid, the design for which protection is sought must be sufficiently different from designs that are already publicly known. Further, the designs may “differ only in details that can be qualified as ‘immaterial’”. But what does the EUIPO consider to be ‘immaterial details’? Full text

The Supreme Court has accepted certiorari in the long-running Lucky Brand trademark battle. It is hoped that this will provide much-needed clarity on the controversial issue of defence preclusion, which has been muddied by the Second Circuit’s confusing stance throughout this litigation. Full text

On 24 June 2019 the Supreme Court's decision in Iancu v Brunetti (588/2019) struck down the Lanham Act's ban on registering "immoral" or "scandalous" marks, furthering the recent line of Supreme Court decisions that reaffirm the importance of the First Amendment right to freedom of speech and further opening the doors to the registration of colourful marks. Full text

Decisions by the Federal Circuit Court of Appeals since Alice have attempted to clarify the appropriate analysis for patentability under 35 USC Section 101, but many stakeholders have continued to express dissatisfaction with the status quo. Members of Congress have taken up the calls for change and a bill to amend the Patent Act is working its way through IP sub-committees in both houses. Full text

Given the existing IP coverage gaps in common commercial insurance policies, the insurance market is responding by offering commercially viable IP policies. It is vital that risk managers themselves understand the scope of insurance that can be purchased under an IP insurance policy. Full text

Innovation and R&D have long been key to success for companies in most industries. As the economy becomes increasingly global, companies are placing even more emphasis on safeguarding their intellectual property. Full text

Setting the right business goals and research focus is one of the key drivers of a profitable business. To achieve this, a proper understanding of a technology domain is essential. A single domain comprises many sub-categories. Understanding the whole domain can be a tedious task if a systematic approach is not followed. One such systematic approach is known as technology segmentation. Full text

All companies go through rough patches, in which innovation is slow and revenue comes from changes in existing product lines only. How senior management approach such challenges could make or break a business, with one possible solution being to alter the approach to discovering breakthrough ideas. Full text

Integrating internal with external knowledge could help to tap the potential of open innovation. The Kernel approach to tech scouting could be a way to get the best of both worlds. Full text