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On January 14, 2019 Germany’s Trademark Law Modernization Act (MaMoG) went into effect, amending the German Trademark Law (MarkenG) to implement European Union trademark directive 2015/2436 (MRL). This Act introduces specific regulations for the registration of certification marks, which are an entirely new type of trademark under the German Trademark Law. Certification marks have long been accepted by the United States Patent and Trademark Office, but only were introduced to the law of the European…
Our Q4 2018 Deal Dynamics cross-border M&A data set is available through our interactive heatmap. Deal Dynamics is a powerful, global M&A tracking tool created in partnership with Mergermarket, combining interactive quarterly deal data by markets and sectors with exclusive insights on cross-border M&A. Market insights, not just data: Against a backdrop of growing socio-political tensions, cross-border M&A fell 17% in the final quarter of 2018, compared to the same period the previous year, with US$270…
On 4 January 2019, China’s National People’s Congress (NPC) released draft amendments to the Chinese patent law for public comments (English translation available upon request), proposing, among other issues; higher damages for patent infringement, more options for rewarding inventors under an employee invention remuneration scheme, and patent term extensions for design patents and pharmaceutical patents. The current version of the law, which dates back to 2008, is generally seen as outdated and in need of…
As artificial intelligence (AI) and machine learning are integrated into an increasing number of products and services, litigation issues involving patents and trade secrets will increase. In this hoganlovells.com interview, IP partners Celine Crowson (Washington, D.C.), Jason Lohr (San Francisco/Silicon Valley), and Dr. Chris Mammen (San Francisco) discuss the evolution of AI and machine learning in a broad range of industries, their likely impacts on IP protection, and what companies can do now to prepare…
The Trade Mark Directive (EU 2015/2436) came into force in the UK on 14 January 2019, in the form of the Trade Mark Regulations 2018, bringing about a number of key changes to UK trade mark law. The UKIPO has also published guidance on the practical effect of the Regulation (available here). Below we set out what we think are the top 8 changes to be aware of. Key Changes Own name defence…
On 6 December 2018 the Polish Constitutional Tribunal found that the right to request information on the origin and distribution networks of the goods or services which infringe an intellectual property right from persons other than the infringer is contrary to the Polish Constitution (see our earlier post here). The written justification of the decision has just become available. According to the written justification, the Tribunal questioned the fact that these types of information…
Following the European Commission’s draft proposal for implementing the so-called SPC manufacturing waiver the Committee on Legal Affairs of the European Parliament published a draft report on presenting its suggested amendments to the Commission’s proposal. The Committee in essence supports the plan to introduce the manufacturing waiver but is asking for some clarifying amendments as well as certain substantive changes. Background As a reminder, the Supplementary Protection Certificate (SPC) is an IP right offering patent…
On January 4, China’s National People’s Congress (NPC) released draft amendments to the Chinese Patent Law, proposing expanded and enhanced protections that may provide real benefits to companies that develop new drugs.  A potentially important condition to one of the key proposed changes specific to new drugs is that it would be available only for products that are submitted for marketing approval concurrently in China and other countries.  Although clearly intended to motivate companies to…
The United States Patent and Trademark Office (USPTO) kicked off the new year in a big way by releasing its “2019 Revised Patent Subject Matter Eligibility Guidance”.  This guidance for USPTO examiners and Patent Trial and Appeal Board judges does not have the force of law, but it is still particularly important for those in the tech sector, whose patent applications for software and computer-based inventions have suffered from inconsistent application of the…
 Trademark Law and Its Challenges: We are delighted to be sponsoring and speaking at the 10th annual McCarthy Institute Symposium which will be hosted by NYU Law and cover a range of thought provoking topics intersecting trademark issues, consumer behavior, and marketing. Industry-leading practitioners and scholars will present original research, including case law updates, and moderate panels covering dynamic IP and branding issues like: non-traditional trademark applications, empirical consumer survey evidence, digital marketing and search…