Topic: Intellectual Property

Subscribe to Intellectual Property RSS feed

NFTs and Intellectual Property Rights

Any creative endeavour is in theory capable of being tokenised or “NFT’d”. Record prices are being reached for the sale of non-fungible tokens (NFTs). But what are NFTs? How are they created? Why are they so valuable? What does the buyer own? What rights do they confer? And why should IP lawyers care? Click here … Continue reading

Planning to import chemicals in to Australia from overseas?

Australian businesses are increasingly turning to overseas manufacturers to fulfil domestic demand for chemicals and chemical-based consumer products. Year on year, figures show that Australian companies are importing increasing volumes of these products, with some of the strongest performers coming from the domestic fuel, pharmaceutical, and cosmetic sectors of the chemicals-based consumer market. The advantages … Continue reading

Canadian Federal Court of Appeal affirms that use of variant was use of Registered Mark

The recent Federal Court of Appeal decision in Geox S.P.A. v. De Luca considered whether modifications to the appearance of a trademark went beyond the scope of the registration.  The Court also highlighted important factors for brand owners to consider when licensing and refreshing a corporate logo. The Use of Variants The Registrar of Trademarks … Continue reading

Beijing IP Court pilots mediation program for Trademark Office appeals

In response to the rapid increase in the number of trademark prosecution administrative review cases (appeals from the Trademark Office – CNIPA), the Supreme People’s Court issued a Judicial Opinion on “Promoting the Reform of Administrative Litigation Proceedings by Dividing Complicated Cases and Simple Cases ” (the “Opinion”) in May 2021. The Opinion aimed to … Continue reading

A New Progress: China Issues Judicial Interpretation for Applying Punitive Damages in Intellectual Property Infringement Cases

Since 2013, China has gradually introduced the concept of punitive damages in the amendments to several laws on intellectual property rights, in which the elements of punitive damages were also stipulated, namely the infringement has to be “intentional” or “malicious” and “serious”. In 2020, the Civil Code was officially adopted, and it stipulates that the … Continue reading

IP Report 2021

We would like to acknowledge the contributions of Rex Lee and Amy O’Brien in preparing this blog. Intellectual Property (IP) Australia published their 9th annual edition of the Australian IP Report (the IP Report) on 29 April 2021.  The IP Report, available here, offers a general overview of the current Australian IP climate. It outlines … Continue reading

Consultation Open for Australia’s Medical and Biotechnology Patent Box

On 5 July 2021, the Government released its Discussion Paper setting out the Government’s proposal and seeking views from key stakeholders. The paper will be open for submissions until 16 August 2021.   Now is the opportunity for stakeholders to put forward their suggestions as to what a patent box in Australia should entail. Patent boxes … Continue reading

Proactive Trademark Registration Strategy Can Prevent Costly Customs Issues in China

Although it is not strictly necessary to file for a trade mark registration before using a mark, there are significant advantages to securing trademark protection, particularly in a company’s primary markets.  Amongst other benefits, a trademark registration gives the owner the exclusive right to use that mark in association with the goods and services covered … Continue reading

Keezio v. The Shrunks: the Cost of a Counterclaim

A recent decision from the BC Supreme Court serves as a reminder both of the risk of getting sued for defamation for publicly alleging copyright infringement, including on Amazon, and also that companies may be required to post security for costs in order to proceed with copyright and other intellectual property (IP) claims. The decision … Continue reading

Federal Court Issues Consolidated IP Guidelines

On May 18, 2021, the Federal Court (FC) issued amended Case and Trial Management Guidelines for Complex Proceedings (the Updated FC Guidelines). As we previously reported, the FC first issued the FC Guidelines to consolidate and address topics in earlier FC Notices to the Profession. Notable amendments: The Updated FC Guidelines include the following notable … Continue reading

Amazon’s 2020 Brand Protection Report – What Brand Owners Need to Know

On May 10, 2021, Amazon released its 2020 Brand Protection Report (the Report), the first of its kind published by the e-commerce giant. The Report offers insight into Amazon’s brand protection approach and efforts over the past year, including proactive controls, brand tools, and consequences for “bad actors”. With a growing number of fraudsters cropping … Continue reading

Canada Consults on Online Copyright Reform

On Wednesday, April 14, 2021, the Canadian government launched a consultation on “a Modern Copyright Framework for Online Intermediaries”, seeking comments from the public until May 31. The goal of this consultation is to “ensure that Canada’s copyright framework for online intermediaries reflects this evolving digital world.” Alongside the announcement of this consultation, the government … Continue reading

Reduce, reuse, rebrand – Earth Day April 2021

Over the last year or so most of the world has faced challenges arising from the global pandemic caused by COVID-19. Among other things, the pandemic has provided an opportunity for raising greater awareness around how companies address environmental and social challenges and has highlighted the importance of Environmental, Social and Governance (ESG) issues. In … Continue reading

Strategies with marks and names for foreign enterprises entering China

Authored by Frank Liu, Shanghai Pacific Legal   Although the pandemic has had a significant impact on economies around the world this year, China’s buoyant economy has continued to attract a significant amount of foreign investment. In contrast to foreign enterprises with mature operations in China, a new enterprise will often face the issue of … Continue reading

CNIPA responds to a pandemic of COVID-related TM Applications

Since the start of the COVID-19 pandemic, numerous Chinese trademark squatters have surfaced with applications for marks closely related to the pandemic, such as “雷神山” (“Lei-Shen-Shan” in Chinese, which is a hospital built in response to the pandemic), “火神山” (“Huo-Shen-Shan” in Chinese, also meaning a hospital built in response to the pandemic), “方舱” (“Fang-Cang”, which … Continue reading

Testing and trade secrets: marketing may eliminate rights

Marketing testing procedures and results often provides compelling data to influence customer decisions. But, doing so may impede potential trade secret misappropriation claims. As further described below, a federal court recently granted summary judgment against a trade secret misappropriation claim because the company advertised information about testing equipment, operations, and outcomes. (S&G Labs Hawaii v. … Continue reading

Combating the unsustainable rise of patent application numbers in the PRC

In the last decade there has been an exponential increase in the amount of patent filing originating from China, which, according to a recently published USPTO report, can be attributed to certain non-market factors including subsidies and targets set by various governmental authorities in China. Coincidently, or perhaps not coincidentally, the China National Intellectual Property … Continue reading

GIVE ME ONE REASON (Why I Should Settle this Copyright Infringement Dispute)

Sampling is a popular form of music borrowing, and it is common practice for artists to experiment and create derivative works of an existing song before obtaining a license from the copyright holder. This creative process received significant attention in a copyright infringement dispute brought by singer songwriter, Tracy Chapman, against rapper, Onika Tanya Maraj … Continue reading

Michael Jordan deserves an apology from Qiaodan Sports for infringing his name rights for over 20 years

According to the Shanghai Xinhua News Agency, the Shanghai Second Intermediate People’s Court handed down a first instance decision on 30 December 2020 in favour of Michael Jordan against Qiaodan Sports Company and Bairen Trading Company (both Chinese local companies) in respect of infringement of Michael Jordan’s name rights. In the lawsuit, Michael Jordan claimed … Continue reading

Federal Court updates guidance on COVID-19

On January 18, 2021, the Federal Court (FC) issued its latest COVID-19 Practice Direction, which supersedes all prior COVID-19 practice directions. The FC’s facilities in Ontario and Quebec have been closed in light of the recent public health measures to combat the pandemic. The FC will continue its operations remotely in these two provinces until … Continue reading

Simpler by Design

Changes to the design system under consideration set to benefit Australian Designers – Designs Amendment (Advisory Council on Intellectual Property Response) Bill 2020 As we kick off 2021, Australian designers may soon be bringing in the New Year with new design laws. The Designs Amendment (Advisory Council on Intellectual Property Response) Bill 2020 (the Bill) … Continue reading

China quietly updates its Copyright Law

On 11 November 2020, the Standing Committee of the National People’s Congress passed the amendments to the China Copyright Law (the Amendments), which will take effect on 1 June 2021. This is the third time the Copyright Law has been amended since it was promulgated in 1990. The first comprehensive amendment took place in 2001, … Continue reading
LexBlog