International reports

Article 85(3) (c) of the Industrial Property Law excludes marketing authorisation applications from the scope of patent rights. However, the IP courts’ interpretation of this has been disproportionately weighted against patent holders. Full text

Recent cases demonstrate that the Turkish IP court’s approach to products that possess a minor difference from the range claimed in a patent is rather rigid and it appears reluctant to consider prosecuting allegedly infringing products based on formula deviations. Full text

A recent case involving two automotive companies has highlighted that third parties that file patent invalidation actions against a non-examined patent should be prepared for a possible request for conversion by the patent owner. Full text

Internationally famous brands that consist of simple combinations of letters are familiar to the general public. In some cases, these types of letter combination can be registered in Russia even though the process for successfully doing so can be an uphill battle. Full text

The hashtag (#) has come to play a vital role in consumer society, which most businesses cannot afford to overlook. As the use of hashtags grows, Russian law has had to address whether they can be registered as trademarks in Russia and if it is possible for a third party to infringe another entity’s trademark rights by using a hashtag that includes a registered mark. Full text

In view of Russia’s national measures against the spread of covid-19, on 18 March 2020 the Presidium of the Supreme Court of the Russian Federation and Presidium of the Judges Council of the Russian Federation suspended most hearings in the country’s courts. Full text

How the implementation of a digital ledger along with AI and machine learning will change IP office practices for innovators, investors, practitioners and examiners. Full text

With growing competition in various industries, companies need to know their competitors and their areas of interest. However, it can be challenging to allocate appropriate monetary and human resources to analyse the patent information. To tackle this, law firms have adopted various patent management tools based on machine learning. Full text

A patent portfolio that contains strong assets is an important indicator of a company’s value. As a result, various tools and technologies have been created to assess patent strength – here is a rundown of the most advanced tools. Full text

For the last few years, the Chinese government and the China National IP Administration (CNIPA) have been promoting the enforcement of patent rights through administrative actions. In November 2019 CNIPA published a notice announcing the launch of a project to refine the system of handling administrative complaints with regard to patent infringement. Full text

Following China's clampdown on illegal filing activity in the amended Trademark Law, it appears that squatters have also raised their game. This article shows the most effective ways to prevent rights holders from becoming victims of trademark squatting. Full text

A recent decision shows that in cases where product packaging has been damaged and the third-party platform cannot prove that the contents are genuine, trademark owners can take action on the grounds of trademark infringement. Full text

The outbreak of the novel coronavirus is affecting every aspect of the global community. As a result, researchers and pharmaceutical companies are moving as fast as possible to develop drugs to combat the pandemic. Full text

Trade secret protection is a significant issue for business owners today. While recent developments in IP court practice make it easier for a trade secret holder to protect its intangible assets under the Trade Secret Act, as well as the Criminal Code, it is crucial that the legal requirements of what constitutes a trade secret are met. Full text

Chanel has claimed that a local retail chain in Taiwan infringed its trademark on marketing materials to celebrate the store's 30th anniversary. The Taiwan IP Court noted that although the retail chain had used the CHANEL mark and a picture of the Chanel product on marketing materials, it had also used its own trademark and thus the relevant consumers clearly understood that the CHANEL trademark referred to the prize only. The court maintained that no infringement took place. Full text

In order to survive discontinuous change, companies must develop an ambidextrous strategy, which means efficiently exploiting their existing capabilities while also exploring avenues for innovation. Full text

Patent data can help R&D teams to gain significant insight into parallel industries, which they can use to accelerate their research. The cannabis industry is one domain where this is the go-to strategy for many companies. Full text

The key to outshining competitors is to not just lead but to lead by invention. While innovation can put a company a mile ahead, invention will take it as far as it wants to go. This is where hiring the right people comes in. Full text

A detailed examination of the development of innovations and standards in the field of cybersecurity provide an overview of the security landscape in the digital age. Full text

As the application of 5G will differ from industry to industry, licensing mechanisms will need to be more flexible. SEP owners will have to strike a balance between offering different pricing structures for different use cases and providing frictionless mechanisms. Full text

Here is the IPlytics Platform's November update for leaders in the 5G patent race – some firms move up, while others drop off the list of the most influential innovators in this sphere. Full text

The Israel Patent Office has denied a patent term extension for the biological drug Kovaltry, filed by Bayer Healthcare LLC. This decision clarifies the Ministry of Health’s regulatory requirements for registration of this type of drug. Full text

In Takeda Pharmaceutical Company Limited v Manufacturers Association of Israel, the Israeli Supreme Court has ruled that a pharmaceutical product's marketing approval should be considered as the first one with regard to a pharmaceutical product containing similar compounds. Full text

Following a complete reform of the Design Law, Israel joined the Hague Agreement on 3 October 2019. From 3 January 2020, Israeli applicants will be able protect industrial designs by submitting a single international design application for any of the 88 member countries. Full text

Three case studies into recent patent filing activities of Intel, IBM, Qualcomm, Cambricon, Google and Baidu reveal how innovation in the AI chip space is being driven by new technologies and competitors entering the market, the pursuit of diverse applications and varied approaches to attain higher processor speeds and lower power. Full text

AI and its diverse applications have seen significant market growth in the past decade and an accurate IP landscape analysis can provide deep insight into this crowded space. Global Prior Art Inc conducted extensive research into the companies that have announced AI chips for cloud computing and their focus, which reveals that US and Chinese firms are leading the way. Full text

Following California's Fair Pay to Play Act and the National Collegiate Athletic Association’s approved policy change, a wave of states are proposing bills to their legislatures to compensate student athletes for the use of their name, image and likeness. Full text

A recent ruling by the US Court of Appeals for the Federal Circuit is a timely reminder to assess an often-overlooked requirement that must be heeded when drafting a patent specification. The written description requirement of 35 USC Section 112 highlights the delicate balance that patent applicants strive to strike between obtaining patent protection on an invention and simultaneously preserving the so-called ‘secret sauce’ that underlies its implementation. In order to obtain an enforceable patent, the Federal Circuit reminds us that the applicant must hand it all over – down to the very last detail. Full text

The Polish Supreme Administrative Court has ruled that the payer must collect withholding tax on the amount paid for the unlawful use of an unregistered Community design. This constitutes a licence fee, because – as the court pointed out – under the Organisation for Economic Co-operation and Development Model Tax Convention on Income and Capital – it is assumed that licence fees also come from a tort. Full text

With amendments to the trademark regulations in March, further updates and refinements in October and an ongoing discussion on the concept of IP courts, 2019 has been a year of change for the Polish Industrial Property Law. This article addresses the October update, which was adopted on 16 October 2019 and will take effect on 27 February 2020. Full text

On 16 March 2019 the Polish Industrial Property Law underwent significant changes with regard to trademarks, in an effort to align it with the EU Trademarks Directive (2015/2436). One of the most significant alterations is the introduction of so-called ‘guarantee marks’, which replace the previous, scarcely regulated ‘collective guarantee marks’. Full text

On 1 January 2020 the new Rules of Procedure of the Boards of Appeal will come into force. Key changes include revisions to the admissibility of amendments to a party’s case and a new 'convergent' approach. Full text

AI is revolutionising every aspect of our lives, from how we order food to how new drugs are developed. With companies from all sectors investing in AI-related technology at breakneck speed and innovation currently outpacing the law, where does this leave innovators? This article uses a hypothetical example to shed some light on the landscape. 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

The EU General Court has confirmed the cancellation of the 3D trademark registration for the Rubik's Cube, stating that it simply consists of a shape intended to obtain a technical result. Full text

Clarifying previous case law, the Supreme Court has stated that when two semi-identical European and Italian patents exist for the same invention and the European patent is rejected by a final decision, Italian courts are free to ignore the European decisions and conclude that the Italian patent remains valid under Italian law. Full text

Legislative Decree 15/2019 has significantly reformed collective and certification marks in Italy. Owners of collective marks registered under the old law should act quickly or they will lose their rights. Full text

It is sometimes asserted that the price paid for a patent portfolio represents, without further modification, its fair market value in litigation. This argument is specious: it ignores the risks and costs (in this case, those associated with enforcing the acquired rights) that are necessary to earn a return on the investment. This article summarises several risks priced into patent transactions, but not into damages. Full text

The same erroneous claim is repeatedly raised in court – that the quality of a patent portfolio can be proxied by the quantity of its patents. This article summarises how counting the number of patents will lead to inaccurate inferences and describes a better method, which uses patent citations to measure patents’ quality and value. Full text

Patent valuation professionals normally rely on technical evidence and studies to determine the essentiality of patents. However, as technical experts work independently and may have their own technical opinions or biases, their determinations of which patents are actually essential often conflict. Full text