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Brexit and International IP: Changes are Coming

Surprising many commentators and pundits, the UK voted to exit the European Union. That exit raises questions as to whether IP filings made through the European offices will continue to provide protection in the UK during and...more

The UK has voted to leave the EU: What now?

The British public have voted that the UK should leave the EU. The EU Referendum vote (the Leave Vote) does not by itself result in an automatic UK exit from the EU. The EU Treaty provides for a framework for a...more

New European Union Rules Provide for the Prohibition of Imports Violating Trade Secrets

On 15 June 2016, new rules for the protection of trade secrets and confidential information1 in the European Union EU were published. The Trade Secrets Directive provides measures against the unlawful acquisition, use, and...more

India’s Competition Authorities Investigate Monsanto

Monsanto’s Indian joint venture has come under fire anew for allegedly anti-competitive behavior. India’s Competition Commission opened investigations this week into allegations that Monsanto and its partner Mahyco...more

Colombian Organizations Send Letter to CEWG Regarding Imatinib Compulsory License

In letter from three Colombian organizations to the Chairman of the World Health Organization (WHO) 2016 Consultative Expert Working Group on Research and Development: Financing and Coordination (CEWG) (posted on the...more

HAVANA CLUB: Where’s the Rum Gone?

You’d probably assume no TTAB proceedings originated in 1995 remain active, but the HAVANA CLUB dispute has some serious staying power. As U.S.-Cuba relations unthaw, one particular trademark battle is also returning to...more

MBHB Snippets: A review of developments in Intellectual Property Law - Volume 14, Issue 2 (Spring 2016)

Pre-AIA and Post-AIA Issues Presented by the On-Sale Bar - The “on-sale” bar to patentability refers to a sale or offer for sale of an invention that can invalidate the patent for that invention. The...more

US Regulators Investigate Chinese Steelmakers for Hacking Trade Secrets

The U.S. International Trade Commission (“ITC”) last week launched an investigation into United States Steel Corporation’s (“U.S. Steel”) complaint that Chinese hackers stole trade secret information—including proprietary...more

Harmonization of Trade Secrets in Europe and New US Trade Secrets Law Gets the Green Light—What Do These Changes Mean for...

A harmonized trade secrets protection regime is coming to Europe and the US. Until now, there has been a fragmented approach to trade secrets across Europe, with some countries having specific trade secrets legislation and...more

English High Court considers co-existence provisions under German and English law

In two recent IP decisions in the English High Court, the interpretation of a settlement agreement and a co-existence agreement have been carefully considered. In DKH Retail and Others v SRG Apparel Plc and Others, English...more

UK Finance Bill 2016: Royalty Withholding Tax

Domestic UK law imposes a 20% royalty withholding tax on limited types of payment and on specific categories of intellectual property. This year's Finance Bill expands the scope of intellectual property royalties that are...more

"Brexit Bites": Intellectual Property Rights

This is the sixth in our series of "Brexit Bites" which focuses on Intellectual Property. Registered Trade Marks - Post-Brexit, the UK would no longer be part of the European Union Trade Mark (EUTM) system,...more

April 2016: ITC Litigation Update

The Federal Circuit Considers Another Issue Relating to ITC Jurisdiction in Section 337 Investigations. Less than three months after its en banc decision in Suprema, Inc. v. Int’l Trade Comm’n, 796 F.3d 1338 (Fed. Cir. 2015),...more

China Supreme Court Has Spoken: Long Anticipated Decision on OEMs and Trademark Use

China has been the factory of the world for the past few decades. Countless foreign brand owners have taken advantage of the low-cost manufacturing environment and have flocked to the middle kingdom to source their goods –...more

Top Five Reasons Why You Should File For Trademark Protection In Cuba

As the U.S. and Cuba progress towards normalizing trade relations, many U.S. companies are contemplating whether it makes sense to do business in Cuba. While some companies already plan to enter the Cuban market, others have...more

"Brexit Bites": Intellectual Property

This is the fifth in our series of "Brexit Bites" which focuses on Intellectual Property. A Brexit would in all likelihood have a significant impact upon intellectual property legislation, much of which derives from...more

Law à la Mode: Registrations with US Customs; Trademark harmonization across the GCC; and more

One of the frequently noted yet seldom discussed benefits of trademark and copyright registration in the United States is the ability to record those registrations with US Customs and Border Protection (CBP). Recording...more

Trade Secrets Directive

The protection afforded to trade secrets is disparate across the EU. In order to protect trade secrets as potential drivers for economic growth and jobs and to create a level-playing field within Europe, the European...more

U.S. Tax Implications of Offshore Migration of Intellectual Property

Challenges of Transferring IP Offshore - What constitutes intellectual property (“IP”) has long been a contested issue in tax practice, but generally includes intangible assets as wide-ranging as patents, copyrights,...more

Breaking News: European Parliament Approves Trade Secrets Directive

On April 14, 2016 (by a vote of 503 to 131 with 18 abstentions), the European Parliament approved the text of a proposed Directive for the protection of trade secrets in the European Union. Once approved by the European...more

Cuba: A Playing Field for Trademark Pirates

Now that President Obama has lifted trade restrictions, American businesses are considering whether to expand their operations to Cuba. For some corporations, it makes immediate sense. For others, it may not. But regardless...more

Copyright and Trademark Case Review: FLANAX, Fishing Tackle, Football Players and More

Summaries of Recent Precedential and Informative Appellate Opinions - Trademark Opinions - Owners of Foreign Marks May Sue Under Lanham Act Without Using Marks in the US: Belmora LLC v. Bayer Consumer Care AG,...more

TFTEA – Export Focus

In earlier editions of our Alert, we first summarized the new law, then addressed the intellectual property rights changes it contained, and most recently covered the organizational structure. Now, we turn to the export...more

JFTC Wields Antitrust Law to Enforce FRAND Obligations of Standard Essential Patent

On January 21, 2016, the Japan Fair Trade Commission (“JFTC”) published revisions to its guidelines for the Antimonopoly Act (“AMA”). The new guidelines make it a fair trade practice violation for holders of a standard...more

6 Unique Challenges for Protecting and Exploiting Intellectual Property in the United Arab Emirates

The United Arab Emirates (UAE) is an attractive global business centre and gateway to the wider Middle East region for international companies seeking to commercialise and exploit their brands, products and...more

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