-
Sponsored by AJ ParkIn New Zealand, trademark non-use revocation actions can be defended by showing there are special circumstances justifying the non-use (Trade Marks Act 2002 (NZ), Section 67, 66(2)). This article explores the framework for assessing special circumstances in New Zealand and discusses recent case law that deals with this issue.
-
Sponsored by Hechanova GroupOn November 16 2020, the 2020 Revised Rules of Procedure for Intellectual Property Rights Cases (A.M. No. 10-3-10-SC) promulgated by the Supreme Court of the Philippines (SC) took effect. The object of the revised rules is to improve and expedite IP cases recognising that an effective IP system is vital to the development of domestic and creative activity, facilitating transfer of technology, attracting foreign investments and ensuring market access to Philippine products. This is the spirit of the IP Code or Republic Act 8293. The salient points of the revised rules are as follows:
-
Sponsored by Tilleke & GibbinsOn August 28 2020, the Ministry of Commerce (MOC) announced that the "soft-opening period" to refile trademarks under the country's new Trademark Act would begin on October 1 2020. This period, which is open to holders of trademarks recorded under Myanmar's old system and to trademark owners who can prove prior use of their trademarks in the country, is expected to run for six months, though no closing date was stipulated in the MOC announcement. The date of the eventual "grand opening" of the Intellectual Property Department (IPD) will be the filing date for all applications submitted during the soft-opening period.
-
Sponsored by Gorodissky & PartnersAn individual entrepreneur filed a trademark application no 2018755695. The trademark application is a combined designation as below.
-
Sponsored by GoldenGate LawyersTo nurture a more protective and encouraging environment for innovation which is key to economic transformation and development, on November 11 2020, China promulgated the amended Copyright Law [2020 amendment], which will become effective on June 1 2021. The first Copyright Law was enacted in 1990 and was subsequently revised respectively in 2001 and 2010.
-
Sponsored by Patrinos & KilimirisOne of the most radical changes introduced by the new Greek Trademark Law, effective since March 20 2020, is that the decisions of the Trademarks Administrative Commission handed down in cancellation action proceedings, either on grounds of invalidity or non-use, can be appealed before the specialised IP Single Bench Court of First Instance in Athens. Under the previous law, it was the Administrative Court of First Instance in Athens that ruled on appeal in these cases.
-
Sponsored by Griffith HackSoftware and patents have always had a difficult relationship. Around the world, different rules in different jurisdictions create uncertainty for innovators wanting to know if their key innovations can be secured or whether the market is a free-for-all against competitors.
-
Sponsored by Daniel LawIn view of its very large territory, Brazil has always faced many challenges implementing a successful anti-counterfeiting programme. Lack of a uniform approach and the absence of a political will to tackle IP infringements on a large scale were some of the problems that held IP owners back in the past.
-
Sponsored by AnJie Law FirmOn August 28 2020, the Chinese Supreme People's Court (SPC) granted the very first anti-suit injunction in the standard essential patent (SEP) royalty dispute case of Huawei v Conversant, which enjoined Conversant Wireless Licensing (Conversant) from seeking enforcement of the Dusseldorf regional court's injunction ruling against Huawei Technologies (Huawei). This case thus opened the door for Chinese courts to issue anti-suit injunctions (ASIs).
-
Sponsored by Januar Jahja & PartnersIn the midst of a pandemic that has disrupted economic activity so much so that Indonesia recently entered its first recession in over two decades, a proposed law on job creation brought thousands of protesters out to Jakarta's now almost deserted streets. The law weakens worker and environmental protections in the name of increasing business ease and underwent a somewhat unconventional and confusing path to implementation (there were four separate final drafts circulating at one point with differences of hundreds of pages). As a result, the law has been controversial from beginning to end. In its final form, it is over 1,100 pages long and amends approximately 75 separate laws, packaged together as the Job Creation Law No. 11 of Year 2020 or just the Omnibus Bill.
-
Sponsored by MaiwaldIn the present case (X ZR 14/20), the German Federal Court of Justice again dealt with the question to what extent a third party who is not party to the nullity proceedings should be granted access to the files of the nullity proceedings.
-
Sponsored by RNA, Technology and IP AttorneysThe Working Statement which patentees need to file every year continues to be a controversial subject. The frequent changes in the forms and varying stands of the patent office have added to the confusion.