International Trade Intellectual Property

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Microsoft-Nokia: China’s MOFCOM Quietly Slips Into the Debate about Injunctive Relief for FRAND-encumbered SEPs

This past November and December, the US Federal Trade Commission (“FTC”) and European Commission (“EC”) cleared Microsoft Corporation’s (“Microsoft”) acquisition of the bulk of the devices and services business of Nokia...more

Survey launched on protection and enforcement of Intellectual Property Rights outside the EU

The EU’s Observatory on Infringement of Intellectual Property Rights has launched a survey on the protection and enforcement of intellectual property rights in third countries. ...more

Legal and Ethical Risks of Healthcare Businesses in China

Recent disputes and controversies involving Chinese subsidiaries of foreign pharmaceutical companies have sounded warning bells on legal and ethical issues regarding participation in China’s rapidly growing and evolving...more

IPO Guidance on Copyright Reforms

The Intellectual Property Office (IPO) has published guidance for copyright owners and consumers which outlines certain changes to current copyright law due to come into force on 1 June 2014....more

In for a Penny, in for a Pound

It is generally known that those who infringe a patent are liable for committing the act of infringement. In the vast majority of cases this is the person who produces patent-infringing goods or sells or uses a patented...more

Global PHP And IP5 – Latest Iteration In The Patent Prosecution Highway

The Patent Prosecution Highway (also referred to as the “PPH”)embodies numerous bilateral agreements between dozens of countries providing that an indication of allowable subject matter in one country may trigger accelerated...more

ITC Section 337 Update

Commission Confirms That Electronic Transmissions Are "Articles" Under Section 337 – On April 10, 2014, the Commission issued a public version of its Opinion affirming-in-part, reversing-in-part and denying-in-part...more

Business Litigation Report -- April 2014

In This Issue: -- Main Article: DOJ’s Use of Expansive Legal Theories Broaden FCPA Jurisdiction -- Noted With Interest: Proposed Amendments to the Federal Rules Aim to Lessen Burden of Discovery --...more

The ITC Has Jurisdiction Over Digital File Transmissions Under Section 337

On April 3, 2014, the U.S. International Trade Commission has issued a notice in Certain Digital Models, Digital Data, and Treatment Plans for Use in Making Incremental Dental Positioning Adjustment Appliances, the Appliances...more

Easter chocolate bunnies

Easter is rapidly approaching and many of you have probably already stocked up on eggs and chocolate bunnies. While you will be enjoying them, maybe you will be thinking of the calories that you are taking in, the taste...more

RELEASED ON (VERY LITTLE) BOND: Suspect Accused Of Preparing To Flee U.S. With Gore Trade Secrets Is Released On Nominal Bond

A federal magistrate judge has released on bond the accused trade-secrets larcenist and former W. L. Gore & Associates, Inc. employee Kwang Seoung Jeon, who was arrested as he allegedly tried to flee the United States for his...more

EU Customs Practice Group - March 2014

In This Issue: - EU CUSTOMS POLICY: ..UCC developments ..Proposed EU Framework for Customs Infringements and Sanctions - TARIFFS: ..Duty Suspensions and Tariff Quotas ..EU reduces additional...more

Bill C-31 Proposes Major Changes to Canada's Trade-marks Act

The Federal Government recently introduced Bill C-31, the Economic Action Plan Act 2014, No.1. Bill C-31 is an omnibus bill which makes changes to nearly 40 different pieces of legislation. Among these amendments are changes...more

Edwards Secures Preliminary Injunction Against Medtronic

On April 11, 2014, according to a press release, the U.S. District Court for the District of Delaware issued a preliminary injunction barring Medtronic, Inc. from selling its CoreValve TAVI product to most new customers in...more

US China Trade War Developments - Trade, IP, Antitrust and Securities

There have been major developments in the trade, Chinese Antidumping, 337, litigation, US/Chinese antitrust, and securities areas. TRADE - THE ANTICOMPETITIVE IMPACT OF US ANTIDUMPING LAW IN CHINA AND THE US...more

April 2014: ITC Litigation Update

Inducement in the ITC Following Suprema? A split Federal Circuit panel held in Suprema, Inc. v. ITC (Dec. 13, 2013) that an exclusion order issued by the International Trade Commission (“ITC”) under Section 337 “may not be...more

Early Assignment of your Invention as a Method to Maintain Priority Rights in a European Patent Application

The European Patent Office (EPO) has been a desirable venue for seeking patent protection in Europe. For instance, a patent application granted by the EPO can provide patent protection in many European countries, such as the...more

Competition Bureau Releases Draft Updated Intellectual Property Enforcement Guidelines

On April 2, 2014, the Competition Bureau (Bureau) released draft updated Intellectual Property Enforcement Guidelines (Revised IPEGs) for a 60-day consultation period. The Revised IPEGs principally reflect the amendments to...more

Implications of U.S. Sanctions Program on Intellectual Property Owners

To advance U.S. foreign policy and national security objectives, the U.S. maintains laws and regulations that impose economic sanctions against certain countries, individuals, and entities (the "U.S. Sanctions Program"). 31...more

April 2014: EU Litigation Update

License Agreements Under Scrutiny—A New Challenge for Non-Challenge Clauses. In general, license agreements are deemed pro-competitive. Licensing leads to the dissemination of technology and promotes (follow on) innovation...more

Law À La Mode - Issue 13 - April 2014

In This Issue: - PRIVACY BY DESIGN? FASHION FLAIR TRANSFORMS WEARABLE TECHNOLOGIES: The rise of the wearables – and the data protection challenges they bring - EFFECTIVELY DELIVERING IT SERVICES IN THE RETAIL...more

U.S. v. Yeh Illustrates The Challenges In International Trade Secrets Cases

On March 14, 2014, a Texas jury acquitted former Texas Instruments (“TI”) employee Ellen Chen Yeh on all counts brought against her arising from her admitted downloading of Texas Instruments proprietary information before...more

Peter Mayer Publishers Inc. v. Shilovskaya

Peter Mayer Publishers Inc. v. Shilovskaya - USDC (S.D.N.Y.), March 31, 2014: District court holds that eBook version of translated Russian novel is not a new derivative work under the Copyright...more

Patent Infringement Lawsuits Against Software End-Users

Are you a Canadian software vendor with customers in the USA? Let’s say your US end-user customer is sued for patent infringement in the US based on use of your software, but the lawsuit avoids naming your company. In other...more

International Trademark Registration

Is your brand expanding outside the U.S.? Do you need an international trademark registration? The process can confusing to say the least. Here are some basics you need to know....more

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