Firm

The Court of Justice of the European Union (CJEU) dealt with the issue of acceptance of sales services in opposition procedures in the joined cases of C-155/18 and C-158/18 P, Tulliallan Burlington v European Union Intellectual Property Office (EUIPO) and Burlington Fashion.

As of October 1 2019, the Tokyo District Court and the Osaka District Court started operating a new practice for mediation concerning IP rights (IP mediation). IP mediation is designed to solve disputes over IP rights in a simple and speedy way by obtaining opinions on the dispute, in principle, by the third mediation date, from the mediation committee composed of the judge of the IP division and experts such as lawyers and patent attorneys with vast experience in dealing with IP cases. IP mediation is a judicial service providing the third dispute resolution tool within the framework of existing laws. It is unique and different from litigation and provisional disposition.

Robert Daniel-Shores and Fábio Leme of Daniel Law examine lower courts’ interpretation of non-binding STJ decisions on injunctive relief in trade dress disputes

Brigide Mattar, Patrick Roszell and Lei Liu of Smart & Biggar outline advantages of Canada’s patent prosecution system and offer tips to avoid pitfalls

Eduardo Kleinberg and Santiago Zubikarai Gonzalez Mariscal of Basham Ringe y Correa analyse the new Federal Law for the Protection of Industrial Property, examining the ways in which it affects damages and conciliation

Edith Rivero and Victor Garrido of Dumont analyse provisions in the new Federal Law for the Protection of Industrial Property, including those relating to withdrawal of a priority claim, patentable subject matter, divisional applications, supplementary certificates and the Bolar exemption