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  • Cannabis-related trade mark applications are soaring ahead of the slated enactment of legislation that will permit recreational use in Canada, while amendments to Canada’s Trademarks Act will also come into force early next year
  • Michelle Mei Tian of Panawell & Partners assesses how the 2014 revisions to the Trade Mark Law have worked in practice
  • Guiming (Gary) Wu of Kangxin Partners explains some of the key steps patent owners need to take in China to ensure that they can enforce their rights successfully
  • To compensate patent owners for the time it takes to obtain regulatory and marketing approval for new drugs, the Australian Patents Act provides for patent term extensions of up to five years. However, in order to have an extension of term granted, a number of requirements need to be satisfied. One of these requirements is that a patent discloses and claims a pharmaceutical substance per se or a pharmaceutical substance produced by a process that involves the use of recombinant DNA technology.
  • Özge Atılgan Karakulak and Selin Sinem Erciyas of Gün + Partners analyse the impact of EPO proceedings on enforcement and validity actions in Turkey
  • The Ninth Circuit has found that a photo taken by a Nike photographer used to create the iconic “Jumpman” image is not substantially similar to a photo of Michael Jordan taken in 1984 because they only share similarities in general ideas or concepts
  • Sanjana Kapila reports from an INTA designs conference held in London where in-house counsel discussed designs and anti-counterfeiting
  • The Federal Circuit has rejected arguments that inter partes review proceedings violate Article III and the Seventh Amendment of the Constitution, and again held that decisions to institute are not reviewable
  • When handling applications before the European Patent Office (EPO), we frequently encounter enquiries regarding the speed of examination. While the EPO has recently increased the speed at which it conducts examination, individual national patent applications are still the fastest method of progressing an application to grant.
  • On January 17 2018, the Intellectual Property Office of the Philippines issued its Guidelines on the Examination of Information Communications Technology (ICT) and Computer Implemented Inventions (CII), as a result of increasing demand for patent protection in these fields. In the past, patent examiners applied the general guidelines for patent examination, but difficulties encountered by patent examiners resulting in inconsistent decisions on patent grants and refusals necessitated the issuance of separate examination guidelines. These guidelines do not have the force of law but are meant to assist the examiners in determining whether the claimed inventions comply with the substantive law (Sections 21 and 22 of the Intellectual Property Code of the Philippines (IP Code) and its Implementing Rules 201 and 202).