Topic: Intellectual Property

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

By Frances Drummond (AU) on February 11, 2021 Posted in Copyright, Intellectual Property

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

2020 Year in Review – PRC Patent Laws and Practices

By Justin Davidson (HK) and Stanley Ng on February 4, 2021 Posted in Intellectual Property, Patents

2020 was a year of change and challenge. This holds true not only for the way we live and work, but also in relation to the patent laws and practices in the People’s Republic of China (“PRC”). In the last year, a number of significant amendments affecting various aspects of patent prosecution and enforcement were … Continue reading

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

By Justin Davidson (HK) and Phoebe Poon (HK) on February 1, 2021 Posted in Brands, Intellectual Property, Trademark

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

By Caroline Henrie (CA) and Brian R. Daley (CA) on January 22, 2021 Posted in Enforcement, Intellectual Property

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

By Georgina Hey (AU) and Matt Allen (AU) on January 19, 2021 Posted in Intellectual Property

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

Brexit: The impact on trade marks and designs

By Abida Chaudri, Mike Knapper (UK) and Daniel Marschollek (DE) on December 4, 2020 Posted in Intellectual Property

The UK left the EU on 31 January 2020 and is currently in the Brexit Transition Period. This will end at 11pm on 31 December 2020 – defined in legislation as “IP Completion Day”. The expiry of the Transition Period on 31 December 2020 will impact the protection of trade marks and designs in the EU and the … Continue reading

China quietly updates its Copyright Law

By Justin Davidson (HK) and Edward Yau (HK) on November 16, 2020 Posted in Copyright, Intellectual Property

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