AWA Point
China becomes top international patent filer
By AWA | Posted on May 20, 2020
China filed 58,990 applications through WIPO’s Patent Cooperation Treaty (PCT) System last year, ending the US’s stronghold on the top position since the PCT began operations in 1978 by 1,150 applications. The numbers echo a sophisticated and coordinated effort to advance innovation and realise a high-value economy from the Chinese government. This is especially true considering in 1999,...
Tags: BOE, china, Huawei, IPR, Oppo, patents, PCT, Ping An, SPC
Punitive damages case appears in list of top 10 IP cases from China’s Supreme People’s Court
By Ai-Leen Lim | Posted on May 20, 2020
On April 21, 2020, China’s Supreme People’s Court released a list of the top 10 intellectual property law cases of 2019. The cases cover patent (invention and design), trademark, copyright and unfair competition. One of the cases selected involved a US Pilates company where punitive damages were awarded. While punitive damages are well-established in terms...
Tags: Balanced Body, Infringement, IPR, punitive damages, SPC, statutory damages, trademarks, Yongkang Elina
Clarifying the patentability of medical use inventions in China
By AWA | Posted on May 20, 2020
At the end of 2019, the new Coronavirus (2019-nCoV) emerged. It has gone on to infect millions of people worldwide and so far, claimed the lives of over a quarter of a million people. COVID-19 has disrupted the world economy like never before. At the same time, it has brought unprecedented global attention to disease...
Tags: china, CNIPA, EPO, Gilead, inventions, JPO, medical use, patents, Remdesivir
EPO rules plants and animals exclusively obtained by essentially biological processes not patentable
By AWA | Posted on May 18, 2020
It has been clear that essentially biological processes for the production of plants or animals are explicitly excluded from patentability under Article 53(b) EPC. However, patentability of products of the essentially biological processes, such as plants and animals, has been questioned and repeatedly visited by the Enlarged Board of Appeal in recent years. On 14...
Tags: animals, biological, Board of Appeal, EPO, interpretation, patents, plants
What patent protection does Gilead’s COVID-19 treatment Remdesivir have?
By Anders Heebøll-Nielsen, Michael Bech Sommer | Posted on April 30, 2020
On 29 April 2020 Gilead announced that its drug Remdesivir has a positive effect in the treatment of COVID-19 from a phase three trial of the drug. The investigation was so successful that for ethical reasons it was “unblinded” – the effect observed was so significant that retaining the group on placebo would prevent those...
Tags: applications, Coronavirus, COVID-19, Gilead, IPR protection, patents, PCT, Remdesivir
WIPO panel finds that Danish start-up Acubit engaged in reverse domain name hijacking
By AWA | Posted on April 29, 2020
Technology start-up Acubit claimed that Danish trademark rules and practice should assign domain names to the relevant trademark owner. A panel from the WIPO Arbitration and Mediation Centre disagreed, as the UDRP governs in case of reverse domain name hijacking. Background Founded in 2016, Acubit A/S is a Danish start-up, which develops technology to locate people and objects around...
Tags: Bad faith, Denmark, domain hijacking, domains, mediation, trademarks, UDRP, WIPO
China-Norway patent prosecution highway pilot launches
By AWA | Posted on April 20, 2020
A memorandum between China and Norway will speed up and reduce costs when applying for patents On April 1, the China-Norway Patent Prosecution Highway (PPH) pilot began and is in effect until March 31, 2023. A memorandum of understanding was signed between the China National Intellectual Property Administration (CNIPA) and the Norwegian Industrial Property Office...
Why China’s computer software copyright registrations are increasing
By Ai-Leen Lim | Posted on April 20, 2020
Statistics show a sharp rise in copyright registrations for computer software in China, which can provide an additional layer of protection alongside patents The National Copyright Administration of the People’s Republic of China (NCAC) released last year’s filing data earlier this month. In 2019, there was a 21% year-on-year increase in copyright registrations with the...
Tags: china, computer, copyright, IP, patents, programmes, Software
China further curbs bad-faith trademark applications
By Ai-Leen Lim | Posted on April 20, 2020
Provisions enacted alongside China’s recently amended Trademark Law seek to effectively regulate bad-faith trademark filings including penalties through the nation’s social credit system In response to the bad-faith application regime, the China National Intellectual Property Administration (CNIPA) published Several Provisions for Regulating the Application for the Registration of Trademarks (Draft) on February 12, 2019. The...
Tags: applications, Bad faith, china, CNIPA, IP, malicious, registration, trademarks
Balmain case highlights risk of using specialised public with low distinctive character marks
By AWA | Posted on April 20, 2020
Balmain’s appeal to the General Court demonstrates that applicants should not rely on a specialised public for goods or services when applying for a trademark Background Balmain is a French luxury fashion house founded in 1945, which operates globally across 16 stores. In addition to its iconic logo and coat of arms, Balmain uses a lion’s...
Tags: Balmain, enforcement, EU, General Court, IP, trademarks
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