Insights
China’s upcoming amendments to the Patent Law include punitive damages
By AWA | Posted on March 19, 2020
Last year saw a wave of legislative activity in China. The effects are being felt as different pieces of legislation become effective. The resonating theme is that China is putting an IP protection framework in place that meets the demands of both foreign parties and domestic entities. This can be seen in particular with the...
Tags: china, Infringement, IPR, ISPs, patents, PRC Patent Law, punitive damages
Supreme People’s Court reverses position on OEM trademark use in Honda case
By Ai-Leen Lim | Posted on March 16, 2020
China’s highest court has reversed its stance on trademark use from original equipment manufacturers (OEMs) in this landmark case brought by Honda Background Honda owns China trademark registrations in relation to motorcycles and other goods in Class 12 for the following marks: Chongqing Heng Sheng Group Limited (Heng Sheng) contracted with the Burmese Meihua Company...
Tags: china, Dongfeng, Honda, IPR, OEM, PRETUL, SPC, trademarks
UK is out of the Unified Patent Court
By Niklas Mattsson | Posted on March 2, 2020
The United Kingdom’s government has confirmed to industry publication IAM-Media that the country will not be a member of the Unified Patent Court system. A spokesperson for the government stated: “I can confirm that the UK will not be seeking involvement in the UP/UPC system. Participating in a court that applies EU law and bound...
PPH network reaches over 50 members as India and Saudi Arabia join
By Troels Peter Rørdam | Posted on February 3, 2020
The ever-expanding Patent Prosecution Highway (PPH) network has gained two new additions. AWA Point sums up the new members and opportunities. Two new authorities with large economies have entered the PPH, providing the ability to speed-up and simplify examination of patent applications. The new additions are India and Saudi Arabia. For a given PPH-agreement,...
Tags: applications, India, patents, PPH, prosecution, Saudi Arabia
EUIPO figures reveal that trademark infringement is an expensive business in Denmark
By AWA | Posted on January 20, 2020
The 2019 Status Report on IPR Infringement from the European Union Intellectual Property Office (EUIPO) reveals that the annual sales lost due to counterfeiting in Denmark amount to €828 million. This represents 4.2% of the total sales in the 11 sectors covered by the report, which included cosmetics and personal care, clothing, footwear and accessories and pharmaceuticals....
Tags: cosmetics, counterfeits, Denmark, EUIPO, Infringement, personal care, Pharmaceuticals, trademarks
Alibaba’s DOUBLE 11 trademark: JD.com sues China’s IP authority
By Ai-Leen Lim | Posted on January 6, 2020
Singles’ Day falls on 11 November in China. Since 2009, it has become a 24-hour shopping extravaganza, with international and local brands offering discounts. China’s biggest e-commerce company, Alibaba, hit a record $38 billion in sales this year, with $1 billion worth of goods sold in the first minute and eight seconds. The online direct...
Tags: Alibaba, china, CNIPA, consumer goods, Double 11, enforcement, JD.Com, trademarks
Amended Canadian Patent Rules Effective
By AWA | Posted on December 20, 2019
On October 30, 2019, amendments to the Rules Respecting the Patent Act (Rules) and the Patent Act (Act) became effective in Canada. The amendments have far-reaching impacts on Canadian patent practice in terms of filing and prosecution. PCT – National Phase Previously, a PCT application could enter the national phase in Canada within 42 months...
Tags: Canada, CIPO, examination, IP, national phase, patents, PCT, priority
Hong Kong Launches New Patent System
By Ai-Leen Lim | Posted on December 20, 2019
The Hong Kong Intellectual Property Department (HKIPD) launches a new patent system on December 19, 2019. The system becomes effective through the Patents (Amendment) Ordinance 2016 and the Patents (General) (Amendment) Rules 2019, which will also come into force on the same date. The new system modernises and reforms Hong Kong’s patent regime to support...
Tags: HKIPD, Hong Kong, Innovation, IP, original grant patent, patents, regulation, short-term patent
German decision on UPC expected in early 2020
By Louise Jonshammar, Niklas Mattsson | Posted on December 4, 2019
In an interview with IP industry publication Managing IP, Justice Huber of the German Federal Constitutional Court stated that the UK’s decision to leave the EU was of no concern to him and that, depending on the time it takes him and the other judges to deliberate, it is his intention for the Court to...
AMS Neve vs. Heritage Audio: What does the CJEU ruling mean for online infringement cases?
By AWA | Posted on November 20, 2019
EU-trademark owners receive much needed clarity on jurisdiction in online infringement cases The internet’s boundless nature provides EU-trademark owners with a wider audience, but multiplies the risk of infringement. With trademark infringement occurring all over the world, EU-trademark owners are left wondering what can be done and where legal actions can be initiated to protect...
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