Work Area: Patent law

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On the cusp of change: patent landscape overhaul is good news for healthcare innovation in Brazil

Featured in The Guide to Life Sciences: Key issues for senior life sciences executives 2023

The reduction of the patent term for pharmaceuticals resulted in uncertainty for stakeholders in Brazil. However, new legislation designed to modernise the country’s patent system and foster the innovation ecosystem are paving the way to Brazil becoming an increasingly attractive jurisdiction.

25 August 2023

South Korea: Recent Legislative Reforms and Judicial Efforts Expected to Improve Patent Enforcement Environment

Featured in The Patent Litigation Review 2024

The Korean government is committed to making the country global hub for litigation, with an increased focus on the courts and two critical legislative reforms on discovery and increased damages.

25 August 2023

China: Value of Damages Awards Rockets Since Fourth Amendment to China’s Patent Law

Featured in The Patent Litigation Review 2024

Since punitive damages were officially introduced into China’s patent infringement system, the amount of the awards being granted has dramatically increased. Although the value is not as high as those in the United States, this changing attitude is sparking optimism among attorneys for a bright future of stronger IP protection.

25 August 2023

Legislative reforms to overhaul ‘unfavourable’ patent landscape – for better or worse

Featured in SEP/FRAND Hub 2022/2023

Both the PREVAIL Act and Patent Eligibility Restoration Act seek to enhance participation in the patent system. However, expanded eligibility and a weaker PTAB will undoubtably raise concerns from both SEP holders and implementers, and it remains to be seen whether these approaches will ultimately benefit or harm the larger market.

24 August 2023

Legislative reforms to overhaul ‘unfavourable’ patent landscape – for better or worse

Featured in SEP/FRAND Hub 2023/2024

Both the PREVAIL Act and Patent Eligibility Restoration Act seek to enhance participation in the patent system. However, expanded eligibility and a weaker PTAB will undoubtably raise concerns from both SEP holders and implementers, and it remains to be seen whether these approaches will ultimately benefit or harm the larger market.

24 August 2023

Availability of preliminary injunctions makes Brazil an attractive litigation venue for SEP owners

Featured in SEP/FRAND Hub 2022/2023

Brazil has become a prominent venue for SEP litigation, mainly due to the early remedies that courts provide, particularly in Rio de Janeiro. As a result, there is an increasing number of declaratory judgment suits being filed by implementers aiming to secure other venues. However, this tactic is not deterring patent assertion.

09 August 2023

Availability of preliminary injunctions makes Brazil an attractive litigation venue for SEP owners

Featured in SEP/FRAND Hub 2023/2024

Brazil has become a prominent venue for SEP litigation, mainly due to the early remedies that courts provide, particularly in Rio de Janeiro. As a result, there is an increasing number of declaratory judgment suits being filed by implementers aiming to secure other venues. However, this tactic is not deterring patent assertion.

09 August 2023

Navigating China’s patent linkage system: challenges and opportunities

Its evolution and the related implications are critical for both originators and generics

09 August 2023

IP court provides much-needed clarity on distinction between novelty and fictitious novelty

A court ruling has confirmed that the criteria for fictitious novelty follows the ‘expanded novelty’ model and proves the court’s ability to understand legal issues from an international perspective. Parties involved in related disputes should carefully analyse their cases to win a favourable decision on different legal grounds.

02 August 2023

PTAB petitioners will love this – to patent owners’ detriment

Saturday Opinion: The US Patent and Trademark Office’s decision to enable director reviews of PTAB institution decisions is just what Big Tech has been seeking for years

29 July 2023

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