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International Trade Intellectual Property

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

Changes coming soon for pharmaceutical patent litigation in Canada: key points

by DLA Piper on

As a result of the Comprehensive Economic Trade Agreement with the European Union, significant changes to the patent linkage provisions and patent litigation framework relating to generic and biosimilar drug approval in...more

Changes to pharmaceutical/biopharmaceutical patent litigation in Canada

by DLA Piper on

As a result of the Comprehensive Economic Trade Agreement with the European Union, significant changes to the patent linkage provisions and patent litigation framework relating to generic and biosimilar drug approval in...more

Is A Respondent’s Own Post-Importation Infringement A Violation Of Section 337?

by Jones Day on

Before 2011, the ITC routinely found violations of Section 337 based on the infringement of method claims through a respondent’s own use of an article post-importation. This changed when the ITC issued its Opinion in Certain...more

Law à la Mode: Special Edition - INTA 2017

by DLA Piper on

The Belgian editorial team is delighted to bring you this special edition of Law a` la Mode, marking the 139th INTA Annual Meeting in Barcelona. Just some of the focuses for this special edition include the dangers of...more

The World In U.S. Courts - Spring 2017

Cases discussed in this issue - Alien Tort Statute (ATS)/Torture Victims Protection Act (TVPA)/Political Question Doctrine/Foreign Sovereign Immunity Act (FSIA)/Act of State Doctrine - Court of Appeals Considers US...more

Ninth Circuit Affirms First Federal Criminal Jury Conviction for Economic Espionage

by Dechert LLP on

The U.S. Court of Appeals for the Ninth Circuit on May 5, 2017 upheld the 2014 convictions of a California businessman, Walter Liew (“Liew”), and his company USA Performance Technology, Inc. (“USAPTI”), for various violations...more

A U.S. Perspective on Global Strategy

Total Chinese Patent Office Grants by Technology Sector. Please see full graph in article for more information....more

ECONOMIC ESPIONAGE AND PROTECTING TRADE SECRETS: Ninth Circuit Holds That Reasonable Measures to Guard Technology are Sufficient

How can you protect your trade secrets from a vast and well-concealed international effort to steal those secrets? What constitutes a “reasonable” effort to protect that information where at least one competitor may already...more

German tax treatment of royalties regarding software license and database licenses – Draft guidance of German Federal Ministry of...

by Hogan Lovells on

Yesterday the German Federal Ministry of Finance (Bundesfinanzministerium) released a draft circular on the German tax treatment of royalties paid for software and database licenses granted by non-resident licensors....more

An Update on Patent Enforcement in China

As patent filing and grant numbers have skyrocketed in China, so has the attractiveness to settle patent infringement suits there. The opening of a series of specialized intellectual property courts, especially the courthouse...more

German Federal Supreme Court confirms: Dynamic IP Addresses May Constitute Personal Data

by Reed Smith on

According to a press release dated 16 May 2017, and following the Court of Justice of the European Union’s (CJEU) preliminary ruling in Case C-582/14 dated 19 October 2016, the German Federal Supreme Court (Bundesgerichtshof...more

The Pricing of Patented Drugs in Canada: Stakeholder Consultation Period Open Until June 28, 2017

by Smart & Biggar on

The Patented Medicine Prices Review Board (PMPRB) regulates the price of patented medicines in Canada by determining whether a price is excessive. The Board is revisiting its approach to pricing, and has now released a...more

The (Nuts and Bolts) of Application Formalities in China

China is in the midst of a tremendous patent boom. Worldwide, total patent application filings were up 7.8% in 2015, with China accounting for 84% of the total growth[1]. In 2015, the State Intellectual Property Office of the...more

Modified set-top boxes and copyright infringement – where do we stand?

by Dentons on

In an important decision for rights holders everywhere, on 26 April 2017, the European Court of Justice (CJEU) ruled that the sale of multimedia devices that have been modified to allow end users to stream pirated content is...more

April 1, 2017 Revision of Chinese Patent Examination Guidelines may be Good News for Patentees

With continued extraordinary growth, including a record number of patent applications filed in a single year[1], the importance of intellectual property rights in China is undeniable. And so, all eyes are on the recent...more

Global Patent Prosecution Newsletter - April 2017

With the implementation of Revisions to the Chinese Patent Examination Guidelines on April 1, 2017, the April 2017 issue of Sterne Kessler's Global Patent Prosecution Newsletter includes information and practical tips for...more

Fast-Tracking Patent Applications in Asia

The process of patenting an invention can be cumbersome, resulting in Applicants waiting several years before their patents are picked up for examination. Various jurisdictions have realized the pressing need to shorten the...more

Brexit and your EU trade marks – time for an IP audit

by Dechert LLP on

The UK government triggered Article 50 on 29 March 2017. However, there is still little clarity on the repercussions of Brexit for European Union trade marks (EUTMs), including the issue of non-use. ...more

Putting the Pedal to the Metal at the EPO

It should come as no surprise that the home of the Bundesautobahn has multiple mechanisms to speed up patent prosecution. And since the average pendency of a European application is approximately four years[i], patentees will...more

USPTO’s Second Trade Secrets Symposium Looks Back on First Year of DTSA and Ahead Toward Challenges of International Trade Secrets...

On May 8, 2017, the United States Patent and Trademark Office hosted its second event on trade secrets. When we covered the USPTO’s inaugural trade secrets symposium held in January 2015, there was a palpable sense among DC...more

Business Litigation Report - April 2017

Renegotiation of, or Withdrawal from, NAFTA: Context and Possible Consequences - (“NAFTA”) is a trade agreement signed by Canada, Mexico, and the United States that came into force on January 1, 1994. Its goal was to...more

Digital Single Market: Commission takes stock at halftime

by Hogan Lovells on

The European Commission is taking stock of what has been accomplished regarding its Strategy for a Digital Single Market. Two years ago, on 6 May 2015, Commissioners Oettinger and Ansip announced their strategy to create a...more

Key risk management strategies: five proactive steps for global retail brands

by DLA Piper on

When a retail brand is looking to expand globally or finds itself embroiled in an investigation, there are bespoke issues that branded retailers must focus on or risk losing credibility and revenue. In today's world of viral...more

USPTO Director Grants Extension for Missed IPR Appeal to Federal Circuit

The USPTO Director granted a request to extend a missed deadline for an appeal of an IPR decision to the Federal Circuit due to the patent owner’s excusable neglect in Mitsubishi Cable Industr., Ltd. v. Goto Denshi Co., Ltd.,...more

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