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Canada
Gowling WLG
Since 2019, the Court has seen a steady stream of motions for summary judgement or summary trial in the context of patent infringement actions.
Bereskin & Parr LLP
The much-anticipated appeal decision in Pyrrha Design Inc. v. Plum and Posey Inc., 2022 FCA 7, gives strength to the principle that "the simpler a copyrighted work is...
Aird & Berlis LLP
In Kobold Corporation v. NCS Multistage Inc., 2021 FC 1437, the Federal Court addressed two often pondered questions in Canadian patent law: can the court decide the construction of a patent's claims before trial, and when can a prior user rely on a prior use defence to infringement?
Bereskin & Parr LLP
Following our article of July 26, 2021, Applicants are reminded that changes to Canadian Patent Rules ("Rules") are expected in 2022.
Fasken
In December 2021, the Patented Medicine Prices Review Board (the "PMPRB") and the Minister of Health issued two updates regarding the Regulations Amending the Patented Medicines Regulations (the "Amendments") and the new PMPRB Guidelines (the "New Guidelines").
China
AFD China
On January 5, 2022, the 2021 top ten cases of people's courts selected by the Editorial Department of the People's Court Daily were released.
AFD China
Guangdong province ranks first with 89.31 score points, followed by Zhejiang province, Beijing municipality, Jiangsu province, and Shanghai municipality.
Kangxin
Article 31 Paragraph 1 of the "Patent Law of the People's Republic of China" (2020 revision): "An application for a patent for invention or utility model shall be limited to one invention or utility model.
CCPIT Patent & Trademark Law Office
The trademark owners have been hoping for an expedited examination process, making it possible for the trademarks to get registered quickly for protection in China...
AFD China
The Beijing Intellectual Property Court said it will promote the protection and quality of intellectual property rights by exposing individuals and agents who register trademarks with malicious intent.
AFD China
The added value of China's patent-intensive industries in 2020 reached about 12.13 trillion yuan, an increase of 5.8 percent over the previous year.
AFD China
China will endeavor to provide more convenient and smarter public services in the field of intellectual property rights during the 14th Five-Year Plan period, according to a plan issued by the CNIPA.
Gowling WLG
In China, the vast majority of trademark and copyright cases are heard by courts below the provincial level (i.e. below the High People's Court level)...
European Union
Novagraaf Group
Last July, the Enlarged Board of Appeal of the EPO issued decision G1/21, which authorises oral proceedings before the Boards of Appeal via videoconferencing during a period of general urgency, even if all parties have not given their consent.
Novagraaf Group
Inditex, the parent company of trendy clothing brand Zara, has partially failed in its attempt to register an EU trademark to cover food products, restaurants and related services.
France
Novagraaf Group
Typefaces, as with any graphic creation, can benefit from legal protection as long as they meet the relevant criteria for IP protection, as Marine Dissoubray explains.
Germany
Bardehle Pagenberg
In the 4th quarter (October to December) of 2021, only 2 positively decided cases were added to our knowledge base in which relevant aspects of the claimed-subject-matter were considered technical.
India
Khurana and Khurana
India, as a mixed market, has a diverse range of industries that function on a free-market basis. In the market system, there is fierce competition.
Khurana and Khurana
Have you ever wondered if a bottle shape may be trademarked? Typically, The Designs Act, 2000 protects these aesthetic appearances and establishes the essential specifications...
Khurana and Khurana
According to the current trend, any new product which is being launched in the market has some sort of distinct packaging as it is considered imperative for the purposes of distinguishing their products...
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