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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

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

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

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

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

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

Do the USPTO 101 Guidelines Violate International Trade Agreements?

One advantage of being a blogger in the relatively small world of patents is that I have gotten to know practitioners in other countries who also have a keen interest in patent law. One such person is Australian Registered...more

The World in US Courts: Winter 2014: Orrick's Quarterly Review of Decisions Applying US Law to Global Business and Cross-Border...

The global law firm Orrick, Herrington & Sutcliffe LLP is pleased to announce the Winter 2014 issue of The World in US Courts: Orrick's Quarterly Review of Decisions Applying US Law To Global Business and Cross-Border...more

Business Litigation Reporter - March 2014

In This Issue: Main Article: ..Russia’s Recently Enacted Anti-Bribery Laws Noted With Interest: ..Are Courtroom Technology Costs Reasonably Necessary To The Conduct Of Litigation In California...more

‘Who’s That Walking On My Bridge?’: Navigating ‘Patent Troll’ Activity In The UK And Australia

While the activities of so-called ‘patent trolls’ have generated significant media and political attention in the USA, these activities are unlikely to become as prevalent in the UK and Australia because of distinct features...more

EU Commission Announces New European Technology Licensing Rules

The European Union adopted on March 21, 2014, revised competition rules for the transfer of technology covering certain categories of agreements for licensing of patents, know-how and software copyrights. The EU reaffirmed...more

International Breach of Copyright

Copyright in Canada is a function of the Copyright Act - without that law, there would be no copyright. How does Canadian copyright law interact with the copyright law in other countries? In Active Operations...more

Special Due Diligence Concerns When Buying Unmanned Aerial Systems

The regulatory lid is about to come off domestic commercial use of Unmanned Aerial Systems (“UASs”). When that happens, like a vacuum, the U. S. commercial market will seek to deploy every viable system. In the rush to...more

5 steps to take by 5/1 to protect your trademarks in China

China’s eagerly anticipated amendments to its trademark law come into force on May 1, 2014. This new legislation aims to modernize and streamline the trademark process, strengthen trademark enforcement and make trademark...more

European Union: Assessment Of IP Licensing Agreements Under EU Competition Law*

In recent years there has been a remarkable expansion of antitrust enforcement in the area of intellectual property (IP). This trend is illustrated by an increasing willingness of the European Commission (the Commission) and...more

Privity and Its Strategic Implications in PTAB Trials

The creation of the Patent Trial and Appeal Board (“PTAB”) within the U.S. Patent and Trademark Office (“PTO”) as a forum for hearing challenges to the validity of issued patents has attracted significant interest from...more

Study of the European Parliament on the Protection of Creator's Rights in a Changing Environment

Copyright law is lagging behind reality due to the interminable development in the field of modern technology. This widespread prejudice is confirmed by a study recently released on behalf of the European Parliament (the...more

Two Bodies Of Law Separated By A Common Mission: Unilateral Conduct By Dominant Firms At The IP/Antitrust Intersection In The EU...

Introduction - It is frequently said that “[t]he goals of the intellectual property and antitrust laws are complementary, not inconsistent.” Both antitrust law and intellectual property (IP) law seek, in the end, to...more

Protecting Your US Business From Unfair Competition by Former Employees Requires Timely and Prudent Action

The potential risks posed to a business by former employees are common to employers worldwide. Whether an employee is working in Jakarta, London or New York at termination of the employment relationship makes little...more

Franchising Update - February 2014

To begin 2014, we remind franchisors of the Government's response to the changes to the Franchising Code recommended last year. On 6 January 2014, Small Business Minister Bruce Billson advised that the Coalition advocated...more

The Proposed Directive on Trade Secrets in the EU

Companies irrelevant of their individual size and across all business sectors use trade secrets in order to gain and build advantages in the global economy. Nevertheless, the laws of the EU member countries are far from...more

Form PCT/IB/382: Legal Implications in Countries with Compulsory Licensing Rules

The World Intellectual Property Organization (WIPO) added a new feature in January 2012 in an effort to promote licensing. Patent Cooperation Treaty (PCT) applicants may submit form PCT/IB/382, which informs others that the...more

ITC Section 337 Update – January 17, 2014

Commission Confirms Licensing-Based Domestic Industry Must Be Tied To Article That Practices Asserted Patent In 841 Investigation – On January 9, 2014, the Commission issued an Opinion in Certain Computers And...more

US China Trade War – Reagan Predicted It, Trade, Customs, 337/Patents, US China Antitrust, And Securities

There have been some major developments in the trade, Customs, patents, US/Chinese antitrust, and securities areas. In looking at the first posts I wrote on my blog, they were relatively short, but with the US litigation...more

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