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Read Intellectual Property Law updates, alerts, news, and legal analysis from leading lawyers and law firms:

Canada moves closer to joining the Hague Agreement with the release of proposed new Industrial Design Regulations

by Smart & Biggar on

On December 9, 2017 Canada’s Governor-in-Council took the formal step of publishing proposed new Industrial Design Regulations (the proposed Regulations) in the Canadian Gazette. A 30-day consultation period has been set,...more

UK completes all legislative steps required to ratify the UPC Agreement

by Allen & Overy LLP on

With the approval on Tuesday by the House of Lords of the Unified Patents Court (Immunities and Privileges) Order 2017, the UK completed the final parliamentary step on the road to readying itself to ratify the Unified Patent...more

100-Day Pilot Program Proceedings Remain Rare

by Jones Day on

In two recent orders, the Commission denied respondents’ requests for entry into its Early Disposition Pilot Program (100-day Pilot Program). It has now been over two years since the ITC issued its proposed rulemaking for the...more

Hague Judgments Convention: IP judgments still hang in the balance

by Hogan Lovells on

Last month the November 2017 draft Hague Judgments Convention was published by the Hague Conference Special Commission following the third meeting of the Special Commission in the Hague between the 13th and 17th of November....more

Patentability of Natural Products in Europe

There is currently a significant divergence in practice between Europe and the United States when considering the patentability of naturally-occurring products. Since the Myriad decision of the U.S. Supreme Court, the USPTO...more

Six Key Trademark Filing and Protection Strategies for Canada in 2018

by Smart & Biggar on

As 2017 draws to a close and we begin to look forward to the new year, the countdown to the implementation of Canada’s new trademark law begins in earnest. Announced in 2014, Canada’s Bill C-31 is expected to be implemented...more

Checking in on China: Developments in Litigation and Policy and How They Impact Foreign Intellectual Property

by Baker Donelson on

In the latter portion of 2017, announcements from both business and government have drawn renewed attention to the gradually increasing focus being paid by the Chinese government to protection of foreign intellectual property...more

When Is It Too Late to Amend an ITC Complaint?

by Jones Day on

In a recent order, Administrative Law Judge McNamara denied Complainants Advanced Micro Devices, Inc. and ATI Technologies ULC’s motion for leave to file an amended complaint to assert U.S. Patent Nos. 8,760,454 and 9,582,846...more

International Trademarks: Japan has Embraced Color

by Revision Legal on

Trademarking colors has been a complex and confusing legal history question. Color has always been allowed as part of the mark design, but for many years trademarking was denied for stand-alone colors and schemes. Even now...more

EU Commission Publishes Major IP Package: Guidance Given on the EU Approach to SEPs and on the EU IP Enforcement Directive

by WilmerHale on

Last week, the EU Commission published a number of important documents on IP. The documents include (i) a communication paper “Setting out the EU approach to Standard Essential Patents,” and (ii) a communication paper...more

Unified Patent Court Update: Ratification Could Take Place in the Coming Months

by Latham & Watkins LLP on

The Delegated Legislation Committee’s (DLC) support for the Unified Patent Court (Immunities and Privileges) Order 2017 (the Order) suggests a swift approval of the Order by the House of Commons. Presuming a rapid approval by...more

Uniform Domain Name Dispute Resolution Policy (UDRP) – What It Is and When to Use It

One of the first tasks the Internet Corporation for Assigned Names and Numbers (ICANN) faced was how to deal with the dilemma of registering domain names to those that first claim them while respecting trademark law. This was...more

Japan Legal Update Volume 31 | November 2017

by Jones Day on

Labor & Employment - Japan's Ministry of Health, Labour and Welfare Requests Employer Associations to Prepare for the Conversion Rule - As April 1, 2018, will mark the fifth year since the "Rule on conversion of...more

2017 European Patent Office Updates

The European Patent Office recently revised its Examination Guidelines. These Guidelines are primarily directed to the patent examiners and formalities officers of the EPO, but they are also helpful to anyone practicing...more

The European Commission publishes communication on Standard Essential Patents

by Allen & Overy LLP on

On 29 November 2017 the European Commission (the Commission) published the long-awaited “Communication from the Commission to the European Parliament, the Council, and the European Economic and Social Committee”, setting out...more

Insight on Estate Planning - Year End 2017

In This Issue: - When should you turn down an inheritance? - Addressing intellectual property requires careful estate planning - Year end is an ideal time to review your estate plan - Estate planning pitfall: You’re...more

Business Litigation Report - November 2017

The Un-Crisis Crisis Law and Strategy Group - No Two Situations Are Alike—That’s the Challenge “How fast can you get to…” “Let’s see. I just got back from London. We’ll be there tomorrow.” As our founder John Quinn...more

Ugh (or Ugg?), Another Trademark Dispute

UGG brand boots are a popular fixture on many holiday wish lists, but did you know that the UGG trademark has been the center of a dispute for the past decade? The comfortable sheepskin boots had a long history prior to their...more

An EC Communication on SEPs – Not More Not Less

A summary of the European Commission’s Policy Document on standard essential patents (SEPs). After considerable preparations and consultation the European Commission has on 29 November 2017 issued a Communication “setting...more

Banding Together Part II: Expanded Collaborative Search Pilots Launched Between USPTO, JPO, and KIPO

In May of 2016, we first documented the launch of the Collaborative Search Pilots (CSPs) between the USPTO, Japanese Patent Office (JPO), and Korean Intellectual Property Office (KIPO) in the blog entitled: Banding Together....more

IP Minister announces the UK’s continued commitment to the UPC, as statutory instrument passes final stage of debate in...

by Allen & Overy LLP on

Speaking in a Delegated Legislation Committee hearing, the proxy for debate in the House of Commons on the draft Unified Patents Court (Immunities and Privileges) Order 2017, the UK’s IP Minister yesterday expressed the...more

Canada Provides More Guidance On Patent Eligibility Of Diagnostic Method Claims

by Foley & Lardner LLP on

While the patent eligibility of diagnostic method claims remains questionable in the United States, the Canadian Intellectual Property Office has issued updated guidance on the types of diagnostic method claims that can–and...more

ITC Clarifies Domestic Industry Requirement for Unregistered Trade Dress

by Jones Day on

The ITC issued an Opinion finding a violation of Section 337 and issuing a general exclusion order and cease and desist orders. Of note, the Commission clarified that the “domestic industry” for unregistered trade dress need...more

Antitrust Matters - November 2017

by DLA Piper on

We observe today an increasingly politicized discussion of antitrust issues. Antitrust law and policy are back in the media, they are the subject of non- technical political debates. The Economist writes about it regularly....more

Enforcing Patents in Brazil: An Injunction Paradise?

In the Americas, Brazil is the second largest country in both GDP and population, and the third in territorial extension. Although the amount of patent litigation in Brazil is rather small in comparison to the U.S., patent...more

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