International Trade Intellectual Property

Read need-to-know updates, commentary, and analysis on International Trade issues written by leading professionals.
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Foreign Filing License in a Jiffy

Foreign filing licenses are pretty routine: file an application and (assuming the application is not marked by a security screener) with the filing receipt or another USPTO official notice, there will be an indication that a...more

Brexit update: impact on trademarks and designs

Although some time has passed since the UK's vote to leave the EU, the full implications of Brexit for trademarks and designs remain unclear. Statements made by EU and UK officials have not changed that position, nor did...more

Global Dossier Expanded To More Patent Applications Around the World

The U.S. Patent and Trademark Office (USPTO) announced this week that the Global Dossier program has expanded to include access to more patent applications worldwide. The public including applicants, patent holders,...more

Ingestible e-Pill Approved For Use in Hospitals

BodyCap, a France-based company said to be dedicated to the development of miniature wireless electronic sensors, recently announced that its e-Celsius® device has earned CE mark approval and is now commercially available for...more

Alert: What US Lawyers Should Know About Protecting Confidential Information in the UK

Confidential information can be one of a business's most prized and valuable assets, regardless of the industry in question. However, it is rarely something which can be locked in a safe because employees often require access...more

ITC Commissioners Divided Over Standards For Cease And Desist Orders

Recent decisions by the Commission highlight a split among the Commissioners over the proper standard for issuing cease and desist orders. The majority of Commissioners appear to agree that the determination regarding...more

Amgen Has Filed for EU Approval for Herceptin® (Trastuzumab) Biosimilar

During his presentation this month at the Cowen and Company 37th Annual Health Care Conference, Amgen’s Executive Vice President and Chief Financial Officer David Meline indicated that Amgen has filed for approval in the EU...more

[Webinar] International Trademark Searching and Filing Strategies for a Global Economy - April 4th, 12:00pm CT

Attorneys from Brinks' Trademark and Unfair Competition practice group will focus on a hypothetical global launch of a new product, and will discuss strategies for conducting clearance searches and filing trademark...more

Supreme Court Denies Petition for Writ of Certiorari Over Sino Legend’s Trade Secret Theft Challenge

On January 9, 2017, the Supreme Court denied the petition for writ of certiorari submitted by Sino Legend Chemical Co., Ltd. (Sino) in litigation stemming from SI Group, Inc.’s (SI) Section 337 complaint. In a Section 337...more

U.S. Krispy Kreme Doughnuts Win 4-0 Over Spanish Donuts

A decision rendered by the European Court of Justice (ECJ) on March 2, 2017, affirming a General Court ruling and potentially ending a nearly twenty-year legal battle, is a reminder to trademark owners that what is generic in...more

ITC Section 337 Update – March 2017

Commission Reverses ALJ’s Dismissal Of U.S. Steel’s False Designation Of Origin Claim And Sets Hearing On U.S. Steel’s Antitrust Claim In Certain Carbon Steel; U.S. Steel Withdraws Trade Secret Theft Claim – 2017 has produced...more

Supreme Court limits liability for shipping parts of patented inventions abroad

Generally, to infringe a U.S. patent, the infringing activity — the unauthorized making, using, offering to sell, selling, or importation — occurs within the United States. However, there are exceptions to this rule. Under 35...more

Inducement of Patent Infringement by Export – One is Never Enough

In its most recent foray into patents, the Supreme Court continued its recent line of decisions interpreting laws to limit the international reach of U.S. intellectual property protection. The holding can be summarized in...more

Curiouser and Curiouser: Copyrights and Trademark Rights are Not Perfect Reflections

Much like the world of Underland created in Lewis Carroll’s book Alice Through the Looking Glass, the blurring between copyright and trademark rights can create a topsy-turvy universe....more

New Amendments to SIPO's Guidelines for Patent Examination

The State Intellectual Property Office of China (“SIPO”) on March 1, 2017 finalized the amendment to its Guidelines for Examination; the amendments included patentability of business method patents, enhanced claiming options...more

Antidote to Toxic Divisionals—European Patent Office Rules on Partial Priorities

Beginning in 2009, the Boards of Appeal of the European Patent Office ("EPO") issued a series of decisions that essentially created a new priority law in Europe that allowed members of the same patent family to negate each...more

DSM Watch: Leaked European Parliament comments may modify press rights under Copyright Directive

The European commission published its last draft directive on the modernizing of the European copyright law (COM(2016) 593 final) on 14 September 2016. The draft was part of a larger strategy to bring about a single digital...more

Don’t Get TRUMPed By a First-Filer

Reading over this story on Donald Trump’s decades of headaches (and conveniently-timed successes) with the TRUMP trademark and the Chinese Trademark Office, I was reminded, as I always am, of the importance of filing federal...more

Life Technologies Corp. v. Promega Corp.: Supreme Court Limits Patent Infringement Liability for Suppliers Under § 271(f)(1)

The Supreme Court in Life Technologies Corp. v. Promega Corp held that providing a single component of a multicomponent invention for manufacture abroad does not give rise to patent infringement liability under 35 U.S.C. §...more

Complainant Cannot Move For Summary Determination Against Its Own Interests

Judge Pender issued Order No. 19 in Certain Access Control Systems and Components Thereof, Inv. No. 337-TA-1016, denying Complainant The Chamberlain Group’s (“CGI”) motion for summary determination that the accused products...more

First Biosimilar Monoclonal Antibody in Oncology Granted EU Approval: Implications for the U.S. Market

Recent developments in Europe may augur a new push for oncology biosimilars in the United States. On February 22, 2017, the European Commission approved Celltrion’s Truxima™ for all indications of reference rituximab...more

Importance of patents in Chinese pharmaceutical tendering

China has a complicated and unique tendering system for drugs – and patents play an important role in almost every tender. What adds to the complexity is that tendering rules vary between provinces. Providing necessary patent...more

China’s New Cyber Security Law Goes into Effect June 1, 2017

China’s new cyber security law (Law) could have far-reaching impacts for companies that do business there. The Law goes into effect on June 1, 2017. As is typical of legislation passed by the Standing Committee of the...more

On Your Mark—"TM" or "®"? Trademark Notice Guidelines

When starting a new business or developing a new brand, business owners tend to have common trademark-related questions: Do I need a trademark registration? What rights will a registration provide? What are the associated...more

Section 337 Actions at the ITC: another forum for pharma and biosimilars litigation?

With the growing volume of biosimilar and pharma litigation in district courts and before the PTAB, the U.S. International Trade Commission may emerge as another forum for patent holders against imported biosimilars. Section...more

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