Newsletter January 2021

Breaking the Dilemma of Burden of Proof that IPR Holders Face in Civil Lawsuits.

By Xiangong Meng, Zunxia Li of IP March, Beijing, China.

In Chinese judicial practice, the difficulty of burden of proof has always been one of the most difficult problems IPR holders face when defending their IP rights through civil lawsuits. The reason for this dilemma, on the one hand, lies in the absence of an “evidence discovery” system similar to that in the United States, and on the other hand, can be attributed to strong concealment of infringement and control of infringement evidence by the infringer.

Brazil comes back to the patent game: the INPI’s Backlog Combat Program moves on

By Marcos Chucralla Moherdaui Blasi. Co-reporter of the Brazilian Group of AIPPI, Member of the Board of Directors of Brazilian Intellectual Property Association (ABPI). Partner at Gusmão & Labrunie Advogados.

This article briefly examines the purposes and status of the Brazilian INPI Patent Backlog Combat Plan and how it allows a new and promising perspective about protecting innovative assets in Brazil.

Unwired Planet v Huawei [2020] UKSC 37

Photo by Ethan Wilkinson from Pexels
By Edward Cronan of Hogarth Chambers, London, United Kingdom.

On 26 August 2020 the United Kingdom Supreme Court confirmed the ability of the UK courts to determine fair, reasonable, and non-discriminatory (FRAND) terms for a global licence to a portfolio of standard essential patents. The determination arose in the context of a patentee’s claim for an injunction against further infringement of UK standard essential patents.

 

MOU on Online IP Protection: Thailand’s Initiative for Online IP Rights Enforcement

By Suebsiri Taweepon and Pongchaiwat Jirayustienjinda of Tilleke & Gibbins, Bangkok, Thailand.

E-commerce platforms have become some of the most significant marketplaces in Thailand, with millions of daily business transactions and huge numbers of online users. The increasing number of online shops operating on e-commerce platforms requires new techniques to be employed in online intellectual property (IP) rights infringement cases. Both the private sector and the government have developed tools to enhance online IP enforcement, including ones using the latest legal technologies and artificial intelligence (AI).

Patent Law Litigation in Brazil at the Supreme Court: an Attempt to Invalidate Sole Paragraph of Section 40 of Brazilian Patent Law

By Luiz Edgard Montaury Pimenta. Senior partner at Montaury Pimenta, Machado & Vieira de Mello, and President of ABPI (Brazilian IP Association).

The Supreme Court of Brazil is about to schedule the judgement session of the lawsuit (ADIN) 5529 filed by the Federal District Attorney’s Office seeking the invalidation of the sole paragraph of section 40 of the Brazilian Patent Law, which provides for a minimum term of 10 years of validity of patents after their grant by the Brazilian Patent Office.

December 2020 Amendment of the Plant Variety Protection and Seed Act

By Kozo YABE of Yuasa & Hara, Tokyo, Japan.

On December 2, 2020, an amendment of the Plant Variety Protection and Seed Act was passed by the Diet. It was immediately promulgated on December 9, 2020. This amendment particularly intends to prevent the erosion of registered seed and plant varieties to foreign farms and markets without the consent and control of a breeder. The amendment of export controlling rights by breeder’s right and the indication of registered seeds and plants will be effective on April 1, 2021 while other amendments will become effective on April 1, 2022.

AIPPI Italy's Webinars: COVID-19 Emergency and Copyright. Public procurement, free license and open source

By Francesca Morri and Giulio Enrico Sironi of the Crespi Law Firm and Simmons & Simmons respectively.

During the COVID 19 Emergency the Italian Group of AIPPI organized a number of webinars on IP related issues. The goal was to investigate whether, and how, the emergency impacted the management, enforcement, licensing and other aspects of IP Rights. On November 12th, 2020 we participated in a webinar on Copyright, examining the following topic: “Public procurement, free license and open source”. It was an extremely up-to-date topic since, during the emergency, Italian Public Procurement of innovative solutions had increased due to the need to trace contacts, collect, store and manage data, etc.

Invitation to the XXXVI Annual Conference of the Spanish Group of AIPPI.

The XXXVI Annual Conference of the Spanish Group of AIPPI will be held, in online format, on February the 18th, 19th, 25th and 26th, 2021.

The 2020 AIPPI China Copyright Forum in Beijing: Hot Issues in China Copyright Law

By Guocheng Ma of Beijing TA Law Firm, People’s Republic of China.

The 2020 AIPPI China Copyright Forum was successfully held in Beijing on December 12, 2020, attracting more than 150 attendees, including representatives of judiciary authorities, scholars, experts, business representatives from the internet industry and the entertainment industry, lawyers, students and members of AIPPI.

The 2020 AIPPI China Copyright Forum in Beijing

The AIPPI Belgian Group held their first-ever online Study Day on December 3, 2020

By Simone Vandewynckel, National Group Reporter, AIPPI Belgium.

The AIPPI Belgian Group held their annual Study Day in December, and for the first time the event was held online, with the support of AIPPI International. With speakers from Belgium and abroad, the event was split into four online seminars on patent law, trademark law and the calculation of compensation and costs in IP disputes.

Trademark Seminar jointly organized by AIPPI China and the IP Publishing House of China

By Ms. Lei ZHANG and Mr. Yakai SHI of China Patent Agent (H.K.) Ltd. and Beijing DAKUN Law Firm respectively, People’s Republic of China.

On the afternoon of January 8, 2021, AIPPI China and the Intellectual Property Publishing House (IPPH) jointly organized an online seminar about trademark strategies of corporations and the sustainability of business environment, which was warmly welcome by AIPPI members and others, and got more than 19,000 clicks at the peak.

Trademark Seminar jointly organized by AIPPI China