For many years, businesses questioned the merits of filing intellectual property (IP) rights in China because of concerns of widespread counterfeiting and limited enforcement and practical protections. While those historic concerns were not entirely unfounded, today, the greater risk for
patents
The UPC keeps pushing the boundaries of European patent litigation
In Fujifilm v. Kodak, the Court of Appeal confirmed that a single UPC action may, in principle, extend beyond the UPC territory and encompass infringement claims concerning patent rights in jurisdictions such as the UK. While the appeal ultimately…
First judgment on conditional patent enforcement from Intellectual Property Court of the PRC Supreme People’s Court

In a groundbreaking move, the Intellectual Property Court of China’s Supreme People’s Court has issued its first-ever judgment with conditional enforcement terms in a patent dispute[1]. Published on 8 April 2025, the decision tackles a unique issue in…
Navigating the Waters of Intellectual Property: A Closer Look at the FTC’s Patent Listing Policy
In the ever-evolving landscape of intellectual property and antitrust regulations, the Federal Trade Commission (FTC) issued a new Policy Statement on Patent Listing on September 14, 2023. This statement carries far-reaching implications for patent holders, competitors, and consumers alike. In…
NFTs and IP – Your opportunity to comment

On November 23, 2022, the US Patent and Trademark Office and the US Copyright Office issued a request for public comment on the subject of Non-Fungible Tokens (NFTs) and intellectual property rights. Comments are due by Monday, January 9, 2023.
How does an offer for sale affect the patentee’s profitability – an economic analysis from the SPC

Under the PRC Patent Law, the offering for sale of an infringing product constitutes an act of infringement, regardless of whether the product is actually sold or not. However, there are divergent views as to what damages arise merely…
Federal Circuit upholds constitutionality of TTAB judges
This week the Federal Circuit rejected a constitutional challenge to the Secretary of Commerce’s appointment of administrative judges to the Trademark Trial and Appeal Board (“TTAB”) at the U.S. Patent and Trademark Office (“USPTO”). The decision comes on the heels…
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…
U.S. Supreme Court sides with Google and ends software copyright battle

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.…
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…


