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Dyan Finguerra-DuCharme and Giovanna Marchese explore the circumstances under which jewellery may qualify for protection under US copyright and trade mark laws and discuss the shortcomings associated with each

A panel of in-house and outside counsel at the ASIPI meeting in Rio de Janeiro discussed how trade mark attorneys can remain relevant in changing times

Managing IP rounds up the latest patent, trade mark and copyright news

On September 18 2018, the Seychelles registrar general handed down an important trade mark decision. The case involved an application by a Seychelles company called Intelvision Limited to register the trade mark Intelvision (stylised) in Class 38, and an opposition to that application by the US company Intel Corporation.

Proposed changes to the Australian Patents Act 1990 have been advanced in recent weeks as Australia looks to address the long-standing perception that its intellectual property arrangements fall short of the required standard. On July 23 2018, IP Australia announced a consultation on proposed legislative amendments included in Schedule 1 to the Intellectual Property Laws Amendment (Productivity Commission Response Part 2 and Other Measures) Bill 2018. The proposed measures include:

Until 2017, it was clear from several decisions of the Austrian Supreme Court that trade marks registered in bad faith were invalid and therefore could be successfully attacked any time and that asserted rights based on them would be rejected as immoral. However, the decisions went further: the mere use of that sign was held to be inadmissible and therefore could be forbidden as such without any other reason.

In Brazil, the courts, rather than the Brazilian Patent and Trademark Office (BPTO), have the final say about the registration or cancellation of a patent, design or trade mark.

As a party to the United States-Mexico-Canada Agreement (USMCA), Canada has agreed to adopt important new protections for biologic and other pharmaceutical innovation, as well as other changes to strengthen its patent system and harmonise certain IP laws with its trading partners.

On October 26 2018, the Sixth Session of the Standing Committee of the 13th National People's Congress of the People's Republic of China passed the "Decision of the Standing Committee of the National People's Congress on Several Issues Concerning the Proceedings of Intellectual Property Rights and Other Intellectual Property Cases" (hereinafter referred to as the Decision), which made major adjustments to the current appeal mechanism for cases concerning patents and technical secrets. The Decision will take effect on January 1 2019. It will definitely have a significant and far-reaching impact on the trials of China's burgeoning number of technical cases.

The e-commerce market in China is one of the fastest growing in the world. The boom in Chinese e-commerce has been dramatic and exponential. During the Chinese annual Singles Day shopping frenzy in 2018, the world's biggest 24-hour shopping event, Chinese e-commerce giant Alibaba hit a record US$30.7 billion in orders.