Firm

In view of its very large territory, Brazil has always faced many challenges implementing a successful anti-counterfeiting programme. Lack of a uniform approach and the absence of a political will to tackle IP infringements on a large scale were some of the problems that held IP owners back in the past.

Software and patents have always had a difficult relationship. Around the world, different rules in different jurisdictions create uncertainty for innovators wanting to know if their key innovations can be secured or whether the market is a free-for-all against competitors.

In the present case (X ZR 14/20), the German Federal Court of Justice again dealt with the question to what extent a third party who is not party to the nullity proceedings should be granted access to the files of the nullity proceedings.

One of the most radical changes introduced by the new Greek Trademark Law, effective since March 20 2020, is that the decisions of the Trademarks Administrative Commission handed down in cancellation action proceedings, either on grounds of invalidity or non-use, can be appealed before the specialised IP Single Bench Court of First Instance in Athens. Under the previous law, it was the Administrative Court of First Instance in Athens that ruled on appeal in these cases.

To nurture a more protective and encouraging environment for innovation which is key to economic transformation and development, on November 11 2020, China promulgated the amended Copyright Law [2020 amendment], which will become effective on June 1 2021. The first Copyright Law was enacted in 1990 and was subsequently revised respectively in 2001 and 2010.

On August 28 2020, the Chinese Supreme People's Court (SPC) granted the very first anti-suit injunction in the standard essential patent (SEP) royalty dispute case of Huawei v Conversant, which enjoined Conversant Wireless Licensing (Conversant) from seeking enforcement of the Dusseldorf regional court's injunction ruling against Huawei Technologies (Huawei). This case thus opened the door for Chinese courts to issue anti-suit injunctions (ASIs).