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  • Internet penetration and widespread use of handheld devices is fuelling e-commerce in India. With the rise in online purchases of goods and services, complaints about counterfeit goods are also rising. The Department for Promotion of Industry and Internal Trade released a Draft National E-Commerce Policy (hereinafter referred to as the policy) on February 23 2019 and invited comments from stakeholders and the public. The draft policy is separated into six categories:
  • During the early months of 2019, the Vietnam IP field enjoyed a rare burst of public attention. First there was the wide reaction to the IP changes ushered in by the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), which took effect on January 14 2019. Then the spotlight moved to two high-profile copyright lawsuits related to derivative works, when the People's Court of Ho Chi Minh City's (HCMC) District 1 returned a verdict in a 12-year-old case on February 18 2019, and the People's Court of Hanoi issued its decision on a similar case on March 20 2019. The cases were heard by courts at opposite ends of the country, and the results might also be called opposite.
  • HU Gang of CCPIT examines the best way to approach trademark litigation in China, providing advice on assembling evidence correctly, assessing the prospects of success, choosing an appropriate court, and selecting the right defendant
  • Discovery of evidence and actions for determination of evidence are separately regulated under the Civil Procedural Law. Discovery of evidence is a preliminary step taken before any action on merits and it only serves to discover and record the evidence that may be relevant to an ongoing or future action on merits.
  • In response to the adoption of China's new foreign investment law, the China State Council promulgated decision no. 709, which revoked certain provisions of the Administration of Technology Import and Export Regulations (TIER), effective since March 18 2019. These changes address one of the biggest controversies in the US-China trade war and open up a window for free negotiation in cross-border technology transfers by lifting certain mandatory restrictions. The changes include deleting Article 24(3), Article 27 and Article 29 of the regulations.
  • On December 11 2018 the European Parliament discussed the proposal for a regulation on the transparency and sustainability of EU risk assessment in the food chain amending, inter alia, Regulation (EC) No 178/2002 [General Food Law].
  • Sponsored by PONS IP
    José Carlos Erdozain of PONS IP analyses the IP challenges raised by AI, looking at what AI seeks to do, how it can be used in the patenting process, how easily it can be protected and whether it should be considered an inventor
  • From creating an IP office to dealing with transitional issues for existing trademarks, starting from scratch is no easy task
  • Artificial intelligence innovation is challenging to patent because of changes in US law, meaning trade secrets may be more appealing. David A Prange and Alyssa N Lawson examine how to approach AI asset protection
  • We ask John Welch of Wolf Greenfield to identify the biggest TTAB cases last year. He says fraud and proportionality are issues to watch this year