This publication summarizes noteworthy 2024 legal developments in trade secret law in key centers of commerce throughout the world. Understanding these legislative and judicial developments can help trade secret owners...more
Recent action by China's State Administration for Market Regulation ("SAMR") demonstrates renewed Chinese antitrust focus on standard essential patents ("SEPs")....more
CJEU Decision -
In Maxxus Group GmbH v Globus Holding GmbH C‑183/21, the CJEU was asked whether German procedural rules were consistent with Article 19 of the Directive (EU) 2015/2436 on revocation of trademark rights for...more
Background -
On February 14, 2022, the Review Board of the U.S. Copyright Office denied a second request for reconsideration regarding a refusal to register artwork created by AI. Importantly, the application for...more
China has recently unveiled its own version of a patent linkage system that has been highly watched by stakeholders and industry observers. This new system will also create a new form of pharmaceutical patent litigation in...more
9/28/2021
/ Biotechnology ,
China ,
CNIPA ,
Corporate Counsel ,
Generic Drugs ,
Intellectual Property Protection ,
Life Sciences ,
Linkage Litigation Schemes ,
Patent Applications ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Prescription Drugs ,
Regulatory Agenda
A trade secret is any information used in one’s business that derives independent economic value from being kept secret. Unlike patents, trade secrets are protected indefinitely for as long as they remain a secret. In the...more
8/19/2021
/ Biden Administration ,
Competition ,
Computer Fraud and Abuse Act (CFAA) ,
Confidential Information ,
Defend Trade Secrets Act (DTSA) ,
Executive Orders ,
Intellectual Property Protection ,
Misappropriation ,
Pleading Standards ,
Proprietary Information ,
SCOTUS ,
Trade Secrets ,
Van Buren v United States
On October 17, 2020, the Standing Committee of the National People’s Congress in China promulgated the fourth amended Patent Law of the People’s Republic of China, which came into force in its original form in 1985, with...more
11/19/2020
/ China ,
CNIPA ,
Design Patent ,
Generic Drugs ,
Intellectual Property Protection ,
Patent Infringement ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Prescription Drugs ,
Punitive Damages ,
Statutory Damages
The Situation: China's legislature has recently eased the challenge of prosecuting trade secret misappropriation cases in that country.
The Result: As recently amended, Chinese law now follows some case law developments...more
Similar to the laws in the United States and Europe, Chinese law allows those accused of patent infringement to commence actions for declaring non-infringement of patents to clear away the uncertainties. A key precondition...more
A trade secret is any information used in one's business that derives independent economic value from being kept secret. Unlike patents, trade secrets are protected indefinitely for as long as they remain a secret. In the...more
8/12/2020
/ Burden of Proof ,
Competition ,
Computer Fraud and Abuse Act (CFAA) ,
Confidential Information ,
Corporate Counsel ,
Damages ,
Defend Trade Secrets Act (DTSA) ,
Evidence ,
Intellectual Property Protection ,
Misappropriation ,
Trade Secrets
The Situation: In addition to the current standard patents and short-term patents, Hong Kong is making available original grant standard patents and, starting December 19, 2019, conducting substantive examination over these...more