In the last of his recent series of blogs on IP in China, Dr. Paolo Beconcini discusses amendments expanding the scope of design protection in China and predicts a new flood of “junk” design applications. He discusses the basis and requirements for Chinese design patents, including issues relating to functionality. He also discusses some structural issues that have contributed low-quality filings, including the lack of required substantive examination. The blog can be found here.…
We are delighted to share the recent recognition of our global trademark practice by World Trademark Review for 2021. Squire Patton Boggs received renewed recognition as a leading firm in the “China (foreign)” chapter, and for its UK and Germany practices. In addition, two of our US partners – Deborah Lodge and Phil Zender – were recognized as “Recommended Experts.” As reported, Ms. Lodge “has a deft touch on strategic branding matters and adds value…
As is often the case in China, a critical change in the IP system has taken place without the publicity of a new law but with an internal administrative document hidden on a government website. With an administrative Circular issued on January 27, 2021, the China IP office is rewriting the rules that led to the massive surge in low-quality patent filings (a/k/a junk patents) by Chinese firms during the last decade, while subtly changing…
Serving foreign corporate defendants with a complaint filed in a U.S. Federal Court has never been an easy task, but the COVID-19 global pandemic and regional shut-down orders have made finding someone to physically serve with process nearly impossible in many locations. Contrary to conventional wisdom, one district court recently made it clear that The Hague Convention is not the only means for effectively serving foreign defendants. Where not expressly prohibited, courts may grant leave…
The beauty industry faces a constant challenge in relation to the truthfulness of the products it sells. Through the power of social media, beauty brands use influencers to endorse their products, adding a dimension of apparent authenticity to their advertising.
In an attempt to regulate such practices, the Advertising Standards Authority (ASA) has focused on transparency, requiring that brands disclose their commercial relationship with the influencer, usually with the hashtag “#ad”. The beauty industry now…
With online shopping at all-time high, ‘buy now, pay later’ (BNPL) options are becoming increasingly popular. BNPL is an option that enables customers to delay paying for goods or allows them to pay in instalments. The service typically bears interest which consumers have to pay. It differs from hire purchase because with BNPL, the customer owns the goods on purchase, it is just that the due date for payment for the goods is delayed. This…
Monday’s announcement of the institution of a section 337 investigation of Certain Batteries and Products Containing the Same, 337-TA-1244, is notable as the first time in recent memory that a battery company has sued in the US International Trade Commission (ITC) for design patent infringement. Battery patents typically cover new and useful features of a battery, e.g. a cathode composition, an electrode architecture, a battery housing, or management software. That which is patented is…
This blog is a follow-up to our recent blogs on HMRC’s controversial Changes to VAT and Early Termination Payments and VAT on Compensation in Intellectual Property Settlements. As previously noted, the retrospective nature of the changes and the consequential risk of having to unpick historic settlement payments raised a number of issues. This has now resulted in HRMC’s plans to issue further guidance on the subject.…
US company Celgard, LLC has secured an interim injunction against its rival, Chinese company Shenzhen Senior Technology Material Co Ltd (“Senior”), that prevents Senior from importing or supplying its battery accessory products into the UK. The Court found there was a likelihood that Senior had misused Celgard’s confidential information and trade secrets, and that the UK was the most appropriate forum to try the dispute. This is the first injunction under the relatively new UK…