Firm

On November 16 2020, the 2020 Revised Rules of Procedure for Intellectual Property Rights Cases (A.M. No. 10-3-10-SC) promulgated by the Supreme Court of the Philippines (SC) took effect. The object of the revised rules is to improve and expedite IP cases recognising that an effective IP system is vital to the development of domestic and creative activity, facilitating transfer of technology, attracting foreign investments and ensuring market access to Philippine products. This is the spirit of the IP Code or Republic Act 8293. The salient points of the revised rules are as follows:

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.