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International Trade Intellectual Property

Read need-to-know updates, commentary, and analysis on International Trade issues written by leading professionals.

Looking Beyond Patents at the International Trade Commission—Is the ITC an Underutilized Forum?

by Ropes & Gray LLP on

The United States International Trade Commission (“ITC”) is an independent, quasi-judicial federal agency responsible for enforcing Section 337 of the Tariff Act, a trade statute designed to protect U.S. industries from...more

Compulsory Licensing of Biopharmaceutical Inventions

Very few topics in international intellectual property have been as controversial as compulsory licenses. While the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) sets minimum standards for...more

ALJ Finds Violation in Mobile Device Holders Investigation

by Jones Day on

ALJ Pender’s initial determination in Certain Mobile Device Holders and Components Thereof, Inv. No. 337-TA-1028 (Sept. 12, 2017), finding a violation of Section 337, provides important guidance on what investments count...more

Foreign Companies' Victories in Chinese Courts Support Forum Non Conveniens Motions in U.S. Courts

by Jones Day on

The Situation: A series of recent intellectual property case victories by foreign plaintiffs against Chinese companies in Chinese courts has relevance for the forum non conveniens doctrine as a critical defense motion in U.S....more

New EU-Certification Mark Added to IP Armory

by Latham & Watkins LLP on

European Union (EU) trademark law is currently undergoing significant reform, with the most recent change of particular relevance to certification mark holders or to those interested in applying for certification...more

3 Changes to the EU Trade Mark Regime: What Applicants Need to Know

by Latham & Watkins LLP on

Changes to the Regulation on the EU Trade Mark came into effect on 1 October, 2017 that alter the process of registering trade marks. These changes aim to harmonize trade mark practices across the European Union while...more

Global Patent Prosecution Newsletter - October 2017

March-in Rights and Compulsory Licensing of Biopharmaceutical Inventions - Very few topics in international intellectual property have been as controversial as compulsory licensing. In the US, consumer groups have...more

ITC Denies Request to Modify Protective Order

by Jones Day on

In a recent Notice, the Commission denied Respondents’ motion to modify the administrative protective order (APO) to permit them to use a third party’s confidential business information in related European proceedings....more

Financial Services Quarterly Report - Third Quarter 2017: Luxembourg Developments

by Dechert LLP on

Luxembourg recently has taken a number of actions in connection with the transposition or implementation of various EU directives and regulations, respectively, into national law. The Luxembourg government deposited a bill of...more

European Union Trademark Reform—Further Changes Have Arrived

by Jones Day on

The Situation: Alterations to the European Union’s trademark laws came into force on October 1, 2017. ...more

Positive Developments – EUTM

Trademark owners should take note of two new types of trademark protection available in the European Community as of October 1, 2017....more

IP and healthcare in South East Asia: “Bigger than BRIC”. So why aren’t you filing your patent applications there?

by FPA Patent Attorneys on

The South East Asian healthcare market is emerging as one of great importance, expected to experience faster rates of healthcare spending growth over the next 5 years than the BRIC (Brazil, Russia, India, China) countries...more

DSM Watch: JURI once again postpones final vote on new copyright directive

by Hogan Lovells on

The European copyright reform is underway. The heart of this process clearly is the draft for a Directive on Copyright in the Digital Single Market (COM 2016(593) final)....more

Canada Institutes Certificates of Supplementary Protection for Approved Drug Products

On September 21, 2017, the Comprehensive Economic and Trade Agreement (CETA) signed between the European Union (EU) and Canada provisionally entered into force in Canada.  Among other things, this agreement seeks to harmonize...more

ALJ Shaw: ITC is a Viable Forum for Enforcement of SEPs

The public version of ALJ Shaw’s Initial Determination (ID) in U.S. International Trade Commission (ITC) investigation Certain Magnetic Data Storage Tapes and Cartridges Containing the Same, Inv. No. 337-TA-1012 (1012...more

MarkIt to Market® | September 2017

The September 2017 issue of Sterne Kessler's MarkIt to Market® discusses consent agreements, positive developments in the European community, and lists the new gTLD Sunrise periods. Please see full newsletter below for...more

Saving grace

by McAfee & Taft on

One of the benefits of a patent under the U.S. system is, for a limited time, the patent owner gets the exclusive right to manufacture, use and sell the invention. The public policy behind this is to create an incentive for...more

Indonesia Has Joined The Madrid Protocol, Effective January 2, 2018

by Ladas & Parry LLP on

On October 2, 2017, Indonesia acceded to the Madrid Protocol which will enter into force with respect to Indonesia on January 2, 2018, allowing...more

South East Asia: 5 reasons why it is an essential patent filing destination

by FPA Patent Attorneys on

Here are the top 5 reasons why you should file your patent in South East Asia. 1. South East Asia is big - South East Asia, and the 10 member countries of ASEAN (the Association of South East Asian Nations) in...more

Rx IP Update - September 2017

by Smart & Biggar on

Federal Court of Appeal Applies Supreme Court’s Utility Test to SPRYCEL Patent - In its first decision to consider the Supreme Court of Canada’s landmark decision in AstraZeneca Canada Inc v Apotex Inc, 2017 SCC 36...more

Respondents Denied Leave to Amend Answer to Complaint

by Jones Day on

In Certain Digital Cable and Satellite Products, Set-Top Boxes, Gateways and components Thereof; Inv. No. 337-TA-1049, ALJ McNamara recently denied a motion by Respondents to amend their answer to the complaint to add the...more

IP & Brexit: The Impact of Brexit on the Community Unregistered Design Right and the Creative Industries Who Rely on Them

by Latham & Watkins LLP on

Brexit discussions will need to address the application of the Community unregistered design right (CUDR) in the UK following the UK’s exit from the EU. The CUDR currently provides...more

.CH leads the way in the battle against fraud

by Hogan Lovells on

SWITCH, the Registry responsible for the country code Top Level Domain (ccTLD) .CH, recently published an article on the subject of counterfeit goods and fraudulent websites hosted under the .CH ccTLD and the measures they...more

China Customs Initiates the “Longteng Action” Against IPR Infringing Exports (IRB No. 567)

by Bryan Cave on

Multinationals have come to realize that protecting intellectual property rights (“IPR”) with the assistance of the customs authorities is a key to success for their overall IPR protection in China. Recently, China Customs...more

Trump Nominates Replacement Commissioners

by Jones Day on

As we have previously posted, the ITC currently has two open Commissioner positions after the exits of Commissioners Kieff and Pinkert earlier this year. On September 28, 2017, President Trump announced his nomination of...more

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