The Supreme Court ruled on whether Google’s copying of Oracle’s Java SE API program was a protected “fair use” under US copyright law.
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…
Revisions to PRC Medical Devices Regulations
The PRC Regulations on the Supervision and Administration of Medical Devices (“Regulations”) have recently been amended and promulgated by the State Council. The new Regulations, which will be effective from 1st June 2021, provide some important changes of…
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”…
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…
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…
NATIERRA: Presenting Fresh Evidence on Appeal
A recent decision of the Federal Court, Brandstorm, Inc. v Naturally Splendid Enterprises Ltd., 2021 FC 73, has confirmed that where “sufficiently substantial and significant” evidence is presented on review, the appeal of a decision of the Registrar of…
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…
2020 Year in Review – PRC Patent Laws and Practices
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…
Expedited Examination for COVID-19 Related Marks Avoid Systemic Delays in Canadian Examination
The delays in Canadian trademark examination are becoming excruciating. The Trademarks Act and the Trademark Regulations provisions do not expressly provide for expedited examination of a Canadian trademark application. The long-standing practice of the Canadian Intellectual Property Office (“CIPO”) was…