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International Trade Intellectual Property

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

Latest Developments in European Patent Law: How to Apply Them in Both the United States and Europe

by Knobbe Martens on

Agenda: • UK Supreme Court Decision on Infringement – “Equivalents” – Use of the prosecution history • Doctrine of Equivalents in the United States • Plausibility before the EPO and UK courts – Inventive step of...more

News from Abroad -- Mexican Antitrust Authority Issues Broad Study on Generic Drug Entry into Mexican Market -- Part I

Study Suggests Several Changes to Legislation on Patents, Marketing Authorizations, and Government Procurement - In July of 2016, the Federal Commission for Economic Competition announced a broad ranging study on the entry...more

The enforcement of standard essential patents in Germany – a stocktaking

by DLA Piper on

In July 2015, the European Court of Justice (CJEU) issued a long-awaited judgment answering questions as to the requirements an owner of a standard essential patent (SEP) is able to enforce its SEP without a breach of...more

NAFTA Renegotiations – Are You Prepared for Changes in Supply Chain Operations and Market Growth Planning?

by Snell & Wilmer on

On August 16, 2017, the United States, Canada, and Mexico began renegotiating the North American Free Trade Agreement (“NAFTA”). According to reports, the negotiations are scheduled to be expedited in an effort to be complete...more

Biocon Requests Withdrawal and Re-Submission of EMA Applications for it's Trastuzumab and Pegfilgrastim Biosimilars

by Goodwin on

As we’ve posted here, Biocon and Mylan are jointly developing a portfolio of biosimilars, including Fulphila (Pegfilgrastim) and Ogivri (Trastuzumab), and have filed applications for marketing authorization in the European...more

Global Patent Term Extension/Supplementary Protection Certificate Provisions

Please see list of Countries and their rules regarding offering Patent Term Extensions and Supplementary Protection Certificates. ...more

International Trademark Classes: What is the Nice Agreement?

by Revision Legal on

Filing for a trademark through the United States Patent and Trademark Office (“USPTO”) is probably a mysterious process for most people. There are several types of trademark applications and many different filing bases. Given...more

Considerations for Developing a Global Patent Term Extension Strategy

Many jurisdictions provide for the extension of the term of the patents that cover a regulated product. Patent term extension (PTE) is particularly important in the bio/pharma industry given that development of an innovative...more

PCT Filings: One Method to Seek International Patent Protection

by Revision Legal on

Filing for patent protection with the USPTO is probably somewhat familiar to inventors and businesses here in the United States. However, the options for seeking international patent protections are probably less well known....more

Section 301: The Trade Law You May Not Know Well that Could Shock Industries

On Monday, August 14, President Trump signed an executive memorandum directing U.S. Trade Representative Robert Lighthizer to consider a “Section 301” investigation against China....more

No man is an island, but Taiwan is, and so are Cabo Verde, Fiji, the Maldives, the Solomon Islands and Vanuatu

Taiwan is not a “PCT country,” so everyone knows that you can’t go the PCT national stage route to get a patent there. Instead, you have to make a separate filing directly in Taiwan within the one year “convention period,”...more

U.S. International Trade Commission Persists with Remedy for PTAB-Invalidated Patent

The U.S. International Trade Commission has declined to rescind remedial orders blocking importation of products found to infringe two patents that were recently found invalid by the Patent Trial and Appeal Board of the U.S....more

EU Trademark Reforms: further changes applying from 1 October 2017

by DLA Piper on

EU trademark law is currently undergoing the biggest reform in its history. 1 October 2017 marks another important milestone in the implementation of the EU Trademark Reform Package as a further set of very important...more

Global Patent Prosecution Newsletter - August 2017

Worldwide Patent Term Extension Provisions - Mechanisms to recover patent term lost during regulatory approval are available in many countries throughout the world. The August 2017 issue of Sterne Kessler’s Global Patent...more

Catching Counterfeits: Customs Recordation and IP Enforcement

by Knobbe Martens on

U.S. Customs and Border Protection (“CBP”), the primary federal agency responsible for securing America’s borders, is also charged with the protection of intellectual property rights and guarding against the infringement of...more

Green Tech IP after Withdrawal from the Paris Climate Agreement

by Brinks Gilson & Lione on

The Paris Climate Agreement sets forth goals for the reduction of greenhouse gases with the magnitude and timeline for such reduction being self-imposed by each signatory country.1 The withdrawal of the United States from the...more

AT&T's GO PHONE Trademark Registration Saved by Roaming Services Offered in Canada

by Bennett Jones LLP on

A recent decision involving an AT&T trademark demonstrates how the global reach of technology businesses can sometimes result in a blurring of markets and make documentation of trademark use in Canada difficult to retrieve...more

An Unmapped Spanish Golden Mile: The “Indication Of Geographical Origin” Trademark Prohibition

Spain is famous for wines bathed in the sun. There are various splendid Spanish wine regions: Rioja, Valencia, Penedès, Priorat, Rueda — all of which would, by the way, make fantastic places to go during your holidays if you...more

Food & Beverage Litigation Update | August 2017 #2

Chicago SSB Tax May Cause State to Lose Federal Funding, USDA Warns - According to a warning letter from the U.S. Department of Agriculture (USDA), the sugar-sweetened beverage (SSB) tax that took effect in the Chicago...more

Three Urgent Questions to Ask When Trade Secrets Migrate Across Borders

by Kobre & Kim on

Today’s employees can quickly become tomorrow’s trade rivals. Seamless information-sharing among an increasingly global workforce is great — until key knowledge lands in competitors’ hands. It may be tempting for teams and...more

A New Proposal by Two European Parliament Committees Reveals a Broadening Divide Amongst Stakeholders on How Best to Shape...

by Reed Smith on

An amendment to the proposal for a Directive on copyright in the Digital Single Market (the ‘Proposal’) creating a fair remuneration for authors and performers administered by Collective Management Organisations (‘CMOs’)...more

Thailand Has Joined The Madrid Protocol, Effective November 7, 2017

by Ladas & Parry LLP on

On August 7, 2017, Thailand acceded to the Madrid Protocol. The change will take effect on November 7, 2017, allowing...more

News from Abroad -- Briefing on Supplementary Protection Certificates for Medicinal Products

What are SPCs? A Supplementary Protection Certificate (SPC) is an intellectual property right available for active ingredients of human and veterinary medicinal products requiring marketing authorisation. Originally...more

Trademark Fair Use: A Subjective Call No Matter What Side of the Pond

There are occasions where displaying another company’s trademark is desirable. Whether that type of trademark use is lawful generally is a subjective, fact-specific determination under both United States and European Union...more

Where in the World …

For most U.S. patent practitioners, deciding where to file a first patent application used to be simple: if the invention was made in the U.S., applications could not be filed outside the U.S. without a foreign filing...more

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