AWA Point
China Tackles Bad-faith Trademark Registrations
By Ai-Leen Lim, Ashley Zhao | Posted on June 4, 2019
The China National Intellectual Property Administration has published Draft Regulations in an effort to tackle bad-faith trademark applications. In this article, we take a closer look at the (i) Draft Regulations for Regulating the Application for the Registration of Trademarks, (ii) revisions to the PRC Trademark Law (wef November 1, 2019) and (iii) recently issued...
Tags: AIPLA, Bad faith, Beijing Court, china, Guidelines, INTA, regulations, trademark law, trademarks
Case highlights difficulty in establishing use-based rights in Denmark under new Trademark Act
By AWA | Posted on June 3, 2019
The new Trademark Act came into force in Denmark at the start of 2019. Amendments to the act include an updated fee structure, a fast-track scheme and changes to the application date for renewals. The amendments came further to the EU Trademarks Directive (2015/2436), with member states having until 14 January 2019 to transpose the...
Tags: Denmark, EUIPO, geographical scope, local significance, maritime and commercial court, online exposure, trademark act, use-based IP rights
Beijing High Court rejects Thermos’ appeal in invalidation proceedings
By Ai-Leen Lim | Posted on May 28, 2019
Over a decade ago, a Chinese company filed for the mark TILIR THERMO VOGUE in Class 21 for use on goods including vacuum bottles. Attempts by insulated container manufacturer Thermos to invalidate this mark over the past three years were put to an end by a recent decision from the Beijing High Court. Background In...
Tags: Bad faith, china, Infringement, registration, Thermos, trademark law, trademarks
A quick guide to IP due diligence for investors
By Thomas Ewing | Posted on April 1, 2019
Thorough evaluation of a company’s assets is a crucial part of any investor’s acquisition strategy but knowing what to look for from an IP perspective throws up a myriad of challenges. Tom Ewing from AWA Strategy provides a quick guide to IP due diligence for investors and advisors. For venture capitalists Where an investment warrants...
Tags: Due Diligence, investors, IP strategy, target, venture capitalists
Danish court rules on first case since 1925 which establishes indirect patent infringement
By Mette Parlev | Posted on March 29, 2019
The rule on indirect infringement has been part of The Patents Act in Denmark for over 40 years. During that time, the rule has rarely been cited and up till now the most recent instance from the Maritime and Commercial Court was a case between Etradan BS A/S and Abena A/S (Case No. T-8-10) from...
The Abraxis judgement – CJEU clarifies the scope of Neurim teaching is narrow
By Louise Jonshammar | Posted on March 21, 2019
Article 3d of the SPC-regulation, read in conjunction with Article 1b, must be interpreted as meaning that the marketing authorisation for a new formulation of an old active ingredient cannot be regarded as being the first marketing authorisation for that product, when the active ingredient has already been the subject of a marketing authorisation. The European Court of...
Tags: CJEU, formulation, marketing authorisation, Patent, SPC Regulation
What export waivers mean for European Supplementary Protection Certificates
By Louise Jonshammar | Posted on February 12, 2019
Louise Jonshammar takes a closer look at the final mandate surrounding export waivers for European Supplementary Protection Certificates, what it means for applicants and holders and the importance of monitoring once the Regulation comes into effect Supplementary Protection Certificates (SPC) offer patent owners an extension of up to five years of the basic patent’s...
Tags: Brexit, EU, export waiver, generics, Infringement, patents, SPC
Did Dunhill score big in China litigation case?
By Ai-Leen Lim | Posted on February 1, 2019
In October 2018, UK luxury goods brand Dunhill announced that it had won a trademark battle against Chinese menswear brand Danhouli. The Foshan Intermediate People’s Court in Guangdong Province awarded Dunhill Rmb10 million (approximately $1.5 million) in an infringement case involving its well-known mark. The court also determined that Danhouli was guilty of unfair competition...
Tags: brands, china, Infringement, Litigation, Trademark, unfair competition
Trend scouting at the world’s largest trade show
By Joacim Lydén | Posted on January 22, 2019
Joacim Lydén and Simon Markström share their insights from CES 2019 on the latest technologies being developed and the challenges that still remain CES or the Consumer Electronics Show in Las Vegas is the world’s largest trade show, attracting over 4,400 exhibitors from all over the world and has a total attendance of 182,000...
Tags: artificial intelligence, automotive, autonomous driving, data, IP, Patent, trade show
Sweden aligns Trademarks Act with EU regulations
By Louise Jonshammar | Posted on January 16, 2019
On 7 November 2018 the Riksdag (supreme decision-making body of Sweden) voted in favour of modernising and simplifying the Trademarks Act. The changes came into effect on 1 January 2019. The motivation behind the amendments is to align Swedish trademark law more closely with that of other EU member states and is based on the...
Recent contributors
Senior Associate, Attorney at Law
Partner, Attorney at Law, Group Vice President
Partner, Attorney at Law, Business Area Manager
Senior Counsel, European Patent Attorney
Partner, European Patent Attorney, UPC Representative, Business Area Manager