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International Trade Intellectual Property

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

French Intellectual Property Office Extends Granted SPC Expiration Date

by Jones Day on

The Situation: The French Intellectual Property Office ("IPO") previously refused to adjust the expiration date of a granted supplementary protection certificate ("SPCs") when it had been calculated on the date of grant of...more

Cross-border parcel delivery – European Parliament approves the regulation proposal

by Hogan Lovells on

Some time ago now, the European Commission launched an initiative to improve transparency and regulate the cross-border parcel delivery sector as part of its aspiration to create a real Digital Single Market. Clearly, no...more

News from Abroad -- Disclaimers: Door Remains Open for Undisclosed Disclaimers at European Patent Office

The Enlarged Board of Appeal has now released its written decision in respect of G 1/16 (T 0437/14). This decision resolves the question regarding which standard is to be applied to determine whether an "undisclosed...more

Unique Venue and Personal Jurisdiction Challenges of Foreign Corporations

by Foley & Lardner LLP on

In 2017, the Supreme Court rejected the Federal Circuit’s longstanding interpretation of Personal Jurisdiction and Venue in patent infringement actions against domestic companies. 28 U.S.C. §§ 1391, 1400; see TC Heartland LLC...more

EC draft withdrawal agreement: IP rights

by Dechert LLP on

The European Commission has produced a draft withdrawal agreement (the “Agreement”) chartering the path of the UK’s withdrawal from the EU. In the coming weeks, the Council of the European Union and the Brexit Steering Group...more

Owner of Foreign Copyrights Must Plead Registration Exemption

What exactly is the definition of a “United States work” for copyright registration purposes? And why is a certain Albanian television company unlikely to forget that definition any time soon? ...more

Disclaimers Double Standard Acknowledged by European Patent Office

by Jones Day on

The Situation: A recent decision by the Enlarged Board of Appeal of the European Patent Office confirmed that a 2011 ruling dealing with disclosed disclaimers does not overrule its 2004 decision applying to undisclosed...more

Comprehensive and Progressive Agreement for Trans-Pacific Partnership May Differ Significantly from TPP

In the wake of President Trump's decision to withdraw from the Trans-Pacific Partnership, the other countries involved in negotiations (Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore,...more

EU Commission Draft Brexit Agreement clarifies continued Protection for Unitary IPRs

by Hogan Lovells on

On 28 February 2018, the European Commission published the draft Brexit Withdrawal Agreement between the EU and the UK. The paper is, of course, only a draft and the UK government has not yet commented on or agreed to any of...more

Top 5 Reasons For Life Sciences Companies To Use International Arbitration For Intellectual Property Disputes

Arbitration continues gaining popularity for resolution of cross-border disputes. A 2013 PricewaterhouseCoopers survey shows that 52% of the respondents preferred international arbitration to court litigation and mediation....more

On Your Mark, Get Ready, Pause — Ready for a 100-Day ITC Proceeding?

by McGuireWoods LLP on

Often, by the time a company decides to turn to the U.S. International Trade Commission (ITC) for relief from infringing competitors under Section 337, there is a rush to prepare and submit a complaint that complies with the...more

Don’t let your brand go to pot (Part II): how cannabis brand owners can cover their “buds” with plant breeders’ rights

by Smart & Biggar on

The Canadian federal government is moving quickly towards legalizing the possession and consumption of cannabis for recreational purposes. However, Canada’s cannabis industry is already “overgrown” with many licensed (and...more

News from Abroad -- Australia Remains a Gene-Patent Friendly Jurisdiction

When the Australian High Court ruled against the patentability of isolated naturally occurring genes in the Myriad decision, a number of commentators believed that the decision would ultimately invalidate claims directed to...more

An Uphill Battle Protecting Fashion Designs In Nigeria and Abroad

Growing frustration in the fashion community regarding weak or non-existent intellectual property laws has finally caught the attention of some nations. Nigeria is one nation that currently is trying to alleviate this...more

Discontinued Products Count Towards Domestic Industry

by Jones Day on

In a recent Initial Determination (“ID”), Chief Administrative Law Judge Bullock held that the “greater weight of authority” supports the conclusion that investments in discontinued products can form the basis for an existing...more

The World in U.S. Courts - Winter 2018

French Bank Whose Transactions Benefitted Sudan Generally, But Were Not Otherwise Related To The Commission Of Terrorist Acts Supported By Sudan, Could Not Have Violated ATA And ATS....more

Seasick Trademarks Walking the Plank? Don’t Let Yeezy Make You Queasy

by Knobbe Martens on

Successful brands from the United States, and particularly those branded by U.S. celebrities, are often received with similar enthusiasm in other parts of the world. Recently, YEEZY shoes designed by Kanye West made their...more

EU Publishes Draft Withdrawal Agreement

by Cooley LLP on

The European Union Trade Mark (EUTM) is a single trade mark that applies in all 28 Member States of the EU, including the UK. In a referendum in June 2016, the UK voted to leave the EU. When the UK leaves the EU, the EUTM...more

Changes to Canadian Trademark Law, Eh?

Those of us with clients who do business in Canada have been watching with interest as Canada prepares to implement significant changes to its trademark laws. The new Trademarks Act (no more Trade-hyphen- marks!) was enacted...more

Comprehensive and Progressive Agreement for Trans-Pacific Partnership: An Overview - TPP, Minus the United States, Avoids Complete...

by Holland & Knight LLP on

• The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPATPP) is scheduled to be signed on March 8, 2018, in Santiago, Chile. • CPATPP, also known as TPP-11, is the result of the United States'...more

MarkIt to Market® - February 2018

The February 2018 issue of Sterne Kessler's MarkIt to Market® discusses changes to Canadian trademark law, Federal Trade Commission versus California state rules for the "Made in the USA" designator, and lists the new gTLD...more

District Court Awarded Ultrasound Device Maker Verasonics $5.6 Million And World-Wide Injunction In Trade Secret Case

by Knobbe Martens on

The United States District Court of Western District of Washington entered a judgment in a trade secret case, Verasonics, Inc. v. Alpinion Medical Systems Co., Ltd. (Case No. 2:14-cv-01820-JCC). The district court confirmed...more

Patent Covering Methods of Advanced Genomic Selection from Guinea Pigs to Corn Survives Opposition in EU

Effectively protecting improved genetics requires a multi-pillared strategy considering the biological organisms themselves, methods of use, methods of breeding, and any regulatory data protection. The EPO recently upheld a...more

$500,000 Given to Jam Manufacturer in Trade Secret Recipe Violation - Using Trade Secrets in the Accelerating World of...

by Vedder Price on

The Accelerating Rate of Commerce - Classical intellectual property protection, such as trademarks, copyrights and patents often require the filing of costly applications with government offices, long delays of review and...more

Patent Exhaustion Defense Unavailable to Reseller after Impression Products

In an application of 2017 U.S. Supreme Court precedent in Impressions Products, Inc. v. Lexmark Intern., Inc., the Northern District California in International Fruit Genetics LLC v., No. 4:17-cv-02905-JSW,...more

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