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  • Managing IP reports from the England & Wales High Court as discussions on database rights and copyright, plus a debate over the inadvertent revealing of trade secrets, formed the opening of a dispute pitting mapping agency Ordnance Survey against an SME
  • The High Court justice says it’s irritating when people take numerous points “indiscriminately,” how it’s essential for top QCs to join the judiciary and that he won’t refer cases on the SPC Regulation any more, in an exclusive discussion with Managing IP
  • Some of Canada’s changes to its patent law will have a big impact on companies’ strategies, according to lawyers, but it’s “business as usual” for now
  • Sponsored by Sonn & Partner
    Both parties are owners of registered EU trademarks consisting of the letters MK in different designs, with the additional wording "illumination". The plaintiff, an Austrian company has a business concerned with decorative illuminations in Austria and abroad. The defendant, a Czech company, is selling, lending, delivering and installing decorative illuminations and illuminated commercial signs. The defendant's EU registration is younger than that of the plaintiff.
  • Sponsored by Daniel Law
    The Madrid system will enter into force in Brazil on October 2 2019, three months after the delivery of the instrument of accession of Brazil to the World Intellectual Property Organization (WIPO). In the wake of the adherence to the international system, the Brazilian Patent and Trademark Office (BPTO) released four resolutions that not only address ratification, but also touch new and uncharted areas for international companies with trademarks in Brazil, including adopting necessary international norms for the local trademark regime, like multiclass filings, co-ownership, and divisional applications and registrations adding flexibility to the local system.
  • Prime Minister Narendra Modi and his political party Bharatiya Janata Party (BJP), once again won the elections with a clear majority and formed the government in May 2019. This is the party's second term in a row. Interestingly, during the election campaign, one of the adverts released entitled "Transforming India's IP Landscape" counted, among others, the following achievements:
  • The right of trademark owners to exclude others from using identical or similar marks has been limited by the principle of trademark exhaustion. Once a trademark owner has placed products on the market, the right of a trademark owner to control further circulation of its trademarked product is exhausted. The resale by the first purchaser of the original products is not deemed as trademark infringement. Although there are no provisions regarding the exhaustion of trademark rights under China's Trademark Law, Chinese courts typically uphold this doctrine.
  • On June 4 2019, the Japan Fair Trade Commission (JFTC) issued a cease and desist order and surcharge payment order to KOA ISEI Co LTD (KOA ISEI) under the provisions of the Antimonopoly Act.
  • Increasingly, law firms strive for a solely digital file system without significant use of paper files. A fully digital deadline management system seems to be the logical consequence.
  • The legal provisions regarding the pricing of pharmaceutical products have been amended several times during the last decade in an effort to address the issue of very high pharma expenditure and its impact on hospitals and the social security system and to create a stable and predictable reference pricing framework.