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International Trade Intellectual Property Science, Computers & Technology

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

Compulsory Licensing of Biopharmaceutical Inventions

Very few topics in international intellectual property have been as controversial as compulsory licenses. While the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) sets minimum standards for...more

Global Patent Prosecution Newsletter - October 2017

March-in Rights and Compulsory Licensing of Biopharmaceutical Inventions - Very few topics in international intellectual property have been as controversial as compulsory licensing. In the US, consumer groups have...more

IP and healthcare in South East Asia: “Bigger than BRIC”. So why aren’t you filing your patent applications there?

by FPA Patent Attorneys on

The South East Asian healthcare market is emerging as one of great importance, expected to experience faster rates of healthcare spending growth over the next 5 years than the BRIC (Brazil, Russia, India, China) countries...more

Canada Institutes Certificates of Supplementary Protection for Approved Drug Products

On September 21, 2017, the Comprehensive Economic and Trade Agreement (CETA) signed between the European Union (EU) and Canada provisionally entered into force in Canada.  Among other things, this agreement seeks to harmonize...more

MarkIt to Market® | September 2017

The September 2017 issue of Sterne Kessler's MarkIt to Market® discusses consent agreements, positive developments in the European community, and lists the new gTLD Sunrise periods. Please see full newsletter below for...more

Rx IP Update - September 2017

by Smart & Biggar on

Federal Court of Appeal Applies Supreme Court’s Utility Test to SPRYCEL Patent - In its first decision to consider the Supreme Court of Canada’s landmark decision in AstraZeneca Canada Inc v Apotex Inc, 2017 SCC 36...more

.CH leads the way in the battle against fraud

by Hogan Lovells on

SWITCH, the Registry responsible for the country code Top Level Domain (ccTLD) .CH, recently published an article on the subject of counterfeit goods and fraudulent websites hosted under the .CH ccTLD and the measures they...more

Recent US Court Decision Addresses Patent Infringement Dispute Between Two Finnish Companies - The World in U.S. Courts: September...

The World in U.S. Courts was launched as a quarterly publication almost five years ago to catalogue new U.S. court decisions discussing some of the unique risks and opportunities for parties based in other countries. A few...more

Hogan Lovells ITC Section 337 Monthly Highlights

by Hogan Lovells on

The latest news round-up from our Hogan Lovells ITC Section 337 practice, including a new section featuring "tips from the bench" by former ITC Judge Theodore (Ted) R. Essex. Please see full Publication below for more...more

Your Voice Is Heard – Controversial Clause Deleted From China’s New Domain Name Rules

by Hogan Lovells on

On 24 August 2017, the Chinese Ministry of Industry and Information Technology (“MIIT“) issued the final version of the Rules on the Administration of Internet Domain Names (“New Domain Name Rules“). These new Rules will come...more

Doctrine of Equivalents and Prosecution History Estoppel Around the World

Please see full Doctrine of Equivalents Chart for Countries around the World. ...more

A Seismic Shift in UK Patent Infringement Law - Actavis v. Eli Lilly

In a decision that appears to have introduced a doctrine of equivalents for the first time, the UK Supreme Court has shifted the laws on patent infringement in Actavis v. Eli Lilly UK [2017] UKSC 48. While this case...more

Global Patent Prosecution Newsletter - September 2017

Worldwide Doctrine of Equivalents and Prosecution History Estoppel - The doctrine of equivalents (DOE) arises in the context of a patent infringement action where the accused product or process does not literally infringe...more

At The Bench: 2017 Mid-Year Case Review

Impression Prods. v. Lexmark Int’l, 137 S. Ct. 1523, 581 U.S. ___ (2017) The Supreme Court held that all patent rights are exhausted upon the first sale of a patented product, regardless of where the sale is made or...more

Updated: President Trump Turns to the U.S. Trade Representative for China IP Investigation

From the earliest days of his campaign, President Trump has spoken out on alleged intellectual property misconduct by China. He is now turning to the U.S. Trade Representative for a formal investigation of China in this...more

Pharma and Biologic Disputes in Canada – New Regulations Take Effect September 21, 2017

by Bennett Jones LLP on

Pharma and biologics manufacturers will soon have big decisions to make regarding their pharmaceutical and biological product strategy in Canada. On September 6, 2017, the Governor General in Council, on recommendation of the...more

At the ITC, It’s Always “Standing” Room Only

Intellectual Ventures Refiles Against Auto Makers After Patent Assignment Fails ITC Scrutiny - The U.S. International Trade Commission (“ITC”) terminated an investigation because standing did not exist as of the date the...more

UPC ratification process in Germany put on hold following constitutional complaint

by Allen & Overy LLP on

In March 2017, a constitutional complaint was filed against both the German bill for ratifying the UPC Agreement and the UPC Agreement itself with the German Federal Constitutional Court (“Bundesverfassungsgericht”). Many...more

What Happens in the ITC Stays in the ITC – Except for Related District Court Cases

by Fish & Richardson on

The ITC has always viewed its ability to gather and protect confidential business information as crucial to its ability to perform its mission. See Akzo N.V. v. U.S. Int’l Trade Comm’n, 808 F.2d 1471, 1482-85 (Fed. Cir....more

European Commission’s 6 Proposals for Post-Brexit Intellectual Property Rights

by Latham & Watkins LLP on

The European Commission (EC) has released a position paper on its objectives for the Article 50 Brexit negotiations with the UK regarding Intellectual Property Rights (IPRs). The EC has effectively set out six key principles...more

Final changes to EUTM Regulation in force from 1 October 2017: No requirement for graphical representation and EU Certification...

by Allen & Overy LLP on

Further changes to the EU Trade Mark (“EUTM”) system come into effect on 1 October 2017. These are the next step in the EU’s trade mark reforms, which are aimed at modernising the system to make it technologically up-to-date...more

News from Abroad -- Mexican Antitrust Authority Study on Generic Drug Entry – Recommendations on Changes to Public Policy -- Part...

In the first three installments of this series, we've explained the general purpose of the study, and gone through the sections of patents, marketing authorizations and strategic behavior of the study published on August 9,...more

SSAC gives the thumbs down to the use of emoji in domain names

by Hogan Lovells on

Emoji, the pictorial symbols typically presented in a colourful cartoon form, are nowadays being widely used on smartphones, in chat, in email applications and in social media. Their increasing popularity has prompted the...more

News from Abroad -- No Pharmaceutical Extension of Patent Term for Swiss Type Claims in Australia

The Australian Full Federal Court's recent decision in Commissioner of Patents v AbbVie Biotechnology Ltd [2017] FCAFC 129 confirms that an extension of patent term for pharmaceutical substances does not extend to Swiss type...more

USTR Publishes Initiation of Section 301 Investigation into China's Practices Related to Technology Transfer, Intellectual...

by Brinks Gilson & Lione on

On Thursday, August 24, the United States Trade Representative published formal initiation of the awaited Section 301 investigation under the Trade Act of 1974 to determine whether acts, policies and practices of the...more

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