Topic: Intellectual Property

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Consultation Open for Australia’s Medical and Biotechnology Patent Box

Photo of Jackie O'Brien (AU)By Jackie O'Brien (AU) on Posted in General, Intellectual Property, Patents
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

Photo of Justin Davidson (HK)Photo of Phoebe Poon (HK)By Justin Davidson (HK) and Phoebe Poon (HK) on Posted in Brands, Intellectual Property, Trademark
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

Photo of Christopher WilsonBy Christopher Wilson on Posted in Copyright, General, Intellectual Property
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

Photo of Caroline Henrie (CA)Photo of Kristin Wall (CA)By Caroline Henrie (CA) and Kristin Wall (CA) on Posted in Intellectual Property, Litigation
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

Photo of Sarah PenningtonBy Sarah Pennington on Posted in Advertising, Brands, Counterfeiting, General, Intellectual Property, Trademark
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

Photo of Colin Hyslop (CA)By Colin Hyslop (CA) on Posted in Copyright, General, Intellectual Property
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

Strategies with marks and names for foreign enterprises entering China

By Frank Liu on Posted in Intellectual Property
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

Photo of Justin Davidson (HK)Photo of Phoebe Poon (HK)By Justin Davidson (HK), Phoebe Poon (HK) and Jerry Huang on Posted in Intellectual Property, Trademark
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

Photo of Sean Patrick McGinley (US)By Sean Patrick McGinley (US) on Posted in Advertising, Intellectual Property
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

Photo of Justin Davidson (HK)Photo of Stanley NgBy Justin Davidson (HK) and Stanley Ng on Posted in Intellectual Property, Patents
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)

Photo of Frances Drummond (AU)By Frances Drummond (AU) on 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

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

Photo of Justin Davidson (HK)Photo of Phoebe Poon (HK)By Justin Davidson (HK) and Phoebe Poon (HK) on 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

Photo of Caroline Henrie (CA)Photo of Brian R. Daley (CA)By Caroline Henrie (CA) and Brian R. Daley (CA) on 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

Photo of Georgina Hey (AU)Photo of Matt Allen (AU)By Georgina Hey (AU) and Matt Allen (AU) on 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

China quietly updates its Copyright Law

Photo of Justin Davidson (HK)Photo of Edward Yau (HK)By Justin Davidson (HK) and Edward Yau (HK) on 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
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