August 8, 2018
IP cases, by their nature, proceed in more than one country simultaneously. For instance, the patent lawsuits between Samsung and Apple have occurred at the same time in the courts of more than 10 different countries including Korea, the U.S., Germany, Japan, the Netherlands and Australia. Because these cases are proceeding simultaneously, IP right holders are often placed in a situation where they have to determine in which country to file their claims, in order to yield the most favorable results. In this regard, courts all around the world attempt proactively to invite IP lawsuits and have been making efforts to provide environments that are suitable for IP litigation on a global scale.
August 1, 2018
Suppose that you have an invention disclosure for a design of an article that you want to protect. When you review the invention disclosure, you notice that the inventor has only supplied photographs of the design and not any line drawings of the design. Can you file the design patent application with the photographs? The answer is YES! if that is the only practicable medium for illustrating the design for the article.
July 11, 2018
Recent focus on the United States Supreme Court has surrounded who President Trump will nominate to replace retiring Associate Justice Anthony Kennedy. (The nominee is Brett Kavanaugh of the D.C. Circuit.) However, once October is here, the 2018 Term begins and focus will shift back to the cases before the Court. One of those issues will be the extent that sales (or offers for sale) of an invention before the filing of a patent application will prevent the issuance of a patent. Also known as the ‘on-sale bar’ doctrine, the outcome will have broad implications for startup companies and small businesses holding intellectual property assets.
June 27, 2018
On 24 April 2018 the Intellectual Property Court published its Decision in case A41 85807/2016 between Swiss-based Novartis AG and local generic Nativa LLC.
June 20, 2018
The Canadian Trademarks Act amendments, which are allegedly coming into force in early 2019, include the removal of the requirement that a trademark applicant declare that it has been using its trademark before it files the application or before registration in Canada. The amendments are meant to bring Canada’s laws in line with international treaties. The Canadian government wants these changes to simplify the registration process.
June 13, 2018
As of June 9, 2018, an entirely new Law has been implemented in Denmark, namely the Danish Act on Trade Secrets, which implements the Directive of the European Parliament and the Council on protection of trade secrets (hereinafter “the Directive”). The new law replaces paragraph 23 in the Danish Marketing Act, which up until now has been the primary legislative guard against unlawful use of trade secrets, of course supplemented by case law.
May 4, 2018
On 26 April, the UK ratified the EU’s Unified Patent Court (UPC) agreement. Although much of intellectual property law and practice is already harmonised amongst EU member states, a UPC would set up a common patent court for the hearing of intellectual property cases, and the direct applicability of its rulings, across all EU member states – something which is currently not the case, as patent cases (even for European Patent Office granted patents) are presently litigated on a country by country basis. The UPC would have the competence to hear cases regarding European patents with unitary effect, but also other European patents registered within states which have ratified the UPC agreement.