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Inovia Releases 2014 Report on Global Patent Trends

Patent services provider inovia has released its fifth annual report on global patent and IP trends. In compiling "The 2014 U.S. Global Patent & IP Trends Indicator," inovia, which produces products for PCT national phase...more

CJEU Rules Maximum Cartel Fine Applies Only to Infringing Subsidiary Turnover and Reduces Fine by €17 Million

On 4 September 2014, the Court of Justice of the European Union (CJEU) confirmed that the maximum fine of 10 per cent of turnover imposed on the infringing subsidiary of a non-infringing parent company should be calculated on...more

IP Rights In Data Handbook - Protecting and exploiting IP in data, big data and databases internationally

In the era of Big Data, no ambitious business can afford to live without a strategy for the acquisition, protection and exploitation of the data upon which it depends. The laws enabling data to be protected and exploited are...more

Maximum Protection

Guarding trade secrets is essential for maintaining the value of a company, says Neil Coulson at law firm, Baker Botts. Here, he advises on intellectual property, telling EPC about the most recent hurdles and trends within...more

Business Litigation Report -- August 2014

In This Issue: - Main Article: ..Ninth Circuit Shifts “Significant Expense” of Compliance with Third Party Subpoenas to Party Seeking Discovery - Noted With Interest: ..Delaware Court Finds Password...more

Stem cell patentability: European update following Opinion of Advocate-General in ISCC and the Australian position

The recent Opinion of the Advocate-General suggests that a clarification and moderation of the Court of Justice of the European Union’s (CJEU) approach to the patentability of stem cells may be on the horizon. If followed,...more

New IP Enforcement Policy in the EU

Given that strategic importance of IP-sensitive industries for the EU economy, the European Commission (Commission) has introduced a new initiative with a view to strengthen the protection of EU-based IP rights by working...more

IP/IT & Media Newsletter - Issue 1/2014

In this issue: - Apps and Data Privacy – New Guidelines from the German DPAs New Developments in Cybersecurity Regulation - Refer-a-Friend Functionality on the Internet – Federal Court underpins its...more

European Commission's Actions to Better Protect and Enforce Intellectual Property Rights

Although the number of registrations of European Patents, Community Trademarks and Community Designs more than doubled between 2003 and 2012, the high numbers of infringements of intellectual property rights (IPRs) harm this...more

The Bifurcation Blues

In the last Letter from Europe, I looked at the potential financial impact a single judge could have on the economy. As I alluded to in my conclusion, the United Patents Court (UPC), a proposed common patent court open for...more

EU Unitary Patent and Patent Court

The original proposals in the 1970's for the European Patent Convention (EPC) were intended to proceed in parallel with those for a Community Patent Convention. In the end, these were never implemented as a result of...more

Unregistered design rights – the Karen Millen case

This is a very recent decision of the CJEU in the Karen Millen case, which provides important guidance to fashion designers and retailers who rely on unregistered design rights in their designs according to the Council...more

News from Abroad: Double Patenting at the EPO -- What Does "Same Subject Matter" Mean?

Although the EPC does not specifically prohibit double patenting, that is the grant of two patents to the same applicant for the same invention, it is generally accepted that two patents cannot be granted to the same...more

UK High Court confirms jurisdiction to grant cross-border declaration of non-infringement

In Actavis Group HF v. Eli Lilly & Co. the UK High Court has granted a declaration of non-infringement in the UK, France, Italy and Spain. A jurisdictional challenge in relation to the French, Italian and Spanish...more

Standards and Injunctions Under EU Competition Law

In two decisions issued in April 2014, the European Commission (the Commission) provided further clarification as regards the circumstances in which patentees can seek injunctions to protect their standard-essential patents...more

Creation of a new industrial property right in France: the "geographical indication of industrial and handicraft products"

The French law no.2014-344 on consumer protection, named "Hamon Act" (for the name of the Ministry in charge of this reform) and dated March 17, 2014, creates a new industrial property right: the "Geographical Indications...more

The European Design Regime

1. Introduction - In 1993, the Commission of the European Union issued proposals for a directive for harmonization of design laws within the member countries of the EU and for the creation of an EU-wide design regime...more

Research Reveals Growing Business Support For UPC – Crown Jewel Patents Opted In; Move To Europe For Major Patent Disputes

Research published by Allen & Overy today demonstrates surprising support for Europe’s hotly debated Unified Patent Court, with almost three-quarters (74%) of those responsible for overseeing preparations for the new system...more

International Trend Toward Strengthening Trade Secret Law

As the patent wars continue to rage, and the cost of securing and enforcing patent rights continues to rise in the United States and abroad, the role of trade secrets in securing and protecting valuable intellectual property...more

Law À La Mode: Special Edition – INTA 2014

In This Issue: - MODERNISATION OF THE TRADEMARK SYSTEM: Is Europe on the cusp of trademark law reform? - FROM RUSSIA WITH LOVE: Brand owners face unique challenges in Russia - DETAINING COUNTERFEIT GOODS: New...more

Benefits of Utility Model Protection

Some countries have a form of patent protection for inventions which do not qualify for regular patent protection. This type of patent—generally called a utility model, and sometimes known as a petty patent—has a lower...more

Sanofi-Aventis Deutschland GmbH v. Glenmark Pharmaceuticals Inc. (Fed. Cir. 2014)

On April 21, 2014, a Federal Circuit panel reiterated its interpretation and application to the chemical arts of the KSR obviousness standard. Although applicable more broadly than the chemical arts, the opinion may be of...more

Survey launched on protection and enforcement of Intellectual Property Rights outside the EU

The EU’s Observatory on Infringement of Intellectual Property Rights has launched a survey on the protection and enforcement of intellectual property rights in third countries. ...more

In for a Penny, in for a Pound

It is generally known that those who infringe a patent are liable for committing the act of infringement. In the vast majority of cases this is the person who produces patent-infringing goods or sells or uses a patented...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

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