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Counsel at Aphria, Cresco Labs, Aurora, Scientus Pharma and Canopy Growth say due diligence is becoming more important in their efforts to avoid infringement on copious new registrations, many of which are overly broad or hidden

Despite having little legal impact, the Department of Justice’s and USPTO’s new joint policy statement on remedies for standard essential patents has encouraged many businesses in their FRAND negotiations

In-house counsel from tech, automotive and pharmaceutical companies say it is business as usual after the EPO rejects AI inventor applications, but could be the start of long-term change to AI patent law

On March 11 2019, the Myanmar parliament enacted the Pyidaungsu Hluttaw Law No. 7/2019 (Patent Law) heralding the dawn of a new era in patent registration in Myanmar. While the new Trade Mark Law passed on January 30 2019 is expected to come into force this year, the new Patent Law is pending and will come into operation only upon notification from the president of Myanmar.

The Hong Kong Intellectual Property Department (HKIPD) made major reforms to the patent system in Hong Kong in December 2019, with the introduction of the original grant patent (OGP) system. The OGP system provides a direct filing route for an application for a standard patent (O) in Hong Kong and will be offered in parallel with the re-registration route. This reform is an important development that brings the Hong Kong patent system in line with other major patent offices. It is expected to better support innovation and technology development in Hong Kong.

Changing business expectations and increasingly sophisticated technologies have prompted changes to corporate IP strategies, with some binning traditional practices altogether, in-house lawyers tell Managing IP

On December 17 2019, Taiwan's Legislative Yuan (equivalent to a parliament in other democracies) passed a draft bill on creating an IP and Commerce Court (IPC Court) which will consolidate the IP Court which was established in 2008. The new court, estimated to come into existence in 2021, will be made up of two independent special tribunals, the IP Tribunal and the Commercial Tribunal, governed by respective adjudication rules.

Dynamic injunctions have been the newest device used to curb the menace of resurfacing pirated websites. In a recent case, UTV & Ors. v 1337x.to & Ors., the Delhi High Court issued India's first ever dynamic injunction, putting a control on websites resurfacing with a different name, by extending an existing injunction to new websites which could emerge with a different name in the future. The objective is to help the right holder avoid the cumbersome process of filing a fresh suit. The right holder can simply approach the joint registrar of the Delhi High Court with appropriate evidentiary documents and extend the existing injunction to the website publishing the same infringing content. Until recently, the right holder had to file a fresh suit or possibly use a John Doe order/injunction by adding the party to the existing suit. Dynamic injunctions specifically help in cases where an infringing website may resurface as a redirecting, mirror or alphanumeric website.

In-house and private practice lawyers say that proposed legislation could help companies fight counterfeiters and enforce design patents, though others say the bill raises prior art concerns

Patentability and sufficiency of disclosure remain unsettled issues that IP owners and offices are grappling with, according to AIPPI and private practice speakers