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MLL Meyerlustenberger Lachenal Froriep Ltd | Switzerland | 27 Sep 2021

Question of fact or law – court sheds light on longstanding issue in Swiss patent law, or does it?

In a recent decision, the Federal Supreme Court dealt with the long-disputed question of whether the assessment of patent claims is fundamentally a question of law or a question of fact. In finding that the interpretation of patent claims must not be interpreted in an empirical but in a normative manner, the Court held that the interpretation of patent claims is a question of law.
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Clasis Law | India | 27 Sep 2021

SPACs: implementation, legal challenges and covid-19

Special purpose acquisition companies (SPACs), also known as "blank-cheque companies", have gained popularity in India in recent years. Despite government support, the law is, in some ways, still hindering their development. Once the Securities and Exchange Board of India roll out laws to govern SPACs, amendments will be required in the Companies Act to create harmony in the regulatory framework.
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Wanhuida Intellectual Property | China | 27 Sep 2021

Assessment of novelty and inventiveness for pharmaceutical preparation invention

In practice, an invention of a pharmaceutical preparation is generally considered to be less creative than an invention of a compound. This usually puts the patentee of a pharmaceutical preparation invention in a disadvantageous position when defending the validity of its patent. This article discusses a request for invalidation of a patent that covered the transdermal administration of an......
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BMA | Portugal | 27 Sep 2021

IP Court refuses DOUGHNUTS AND COMPANY trademark due to risk of confusion and lack of distinctiveness

An application for the Portuguese trademark DOUGHNUTS AND COMPANY was opposed on the grounds of its similarity with two prior Portuguese trademarks. The opposition was successful and the Patent and Trademark Office refused the application on the grounds of likelihood of confusion. The decision was confirmed by the IP Court, but on slightly different grounds.
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Venable LLP | USA | 27 Sep 2021

Hedgeye granted injunction in trade secret lawsuit against former managing director

The firm Hedgeye Risk Management LLC was recently granted an injunction against former managing director Darius Dale for stealing the investment research house's financial models before resigning to start his own competing business. Federal Judge Andrew L Carter Jr found that the firm had "established a likelihood of success on the merits" regarding its claims against Dale for......
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Bird & Bird LLP | United Arab Emirates | 27 Sep 2021

Arabic version trademarks in United Arab Emirates – required or recommended?

While Arabic is the official language of the United Arab Emirates, English features heavily in daily life, except for any government or official dealings. This leads to many brand owners limiting protection of their trademarks in the United Arab Emirates to only English. This article briefly explores why this may not always be best practice and highlights some considerations to bear in mind......
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GEVERS | Global | 27 Sep 2021

Improvements based on selection of sub-ranges can be patentable

What happens if a party's new technology arises from a known technology, and differs only in the selection of a specific sub-range of values (eg, a specific percentage of compounds or a specific temperature)? What are the advantages of patenting such a development? Specific requirements in terms of patenting selection inventions based on sub-ranges need to be fulfilled, and patent laws have......
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IP Law Galli | European Union | 27 Sep 2021

Brexit: implications for IP rights

In the aftermath of the 2016 referendum, it was immediately clear that Brexit would have a special relevance for intellectual property. Future cooperation on IP matters will therefore become important. Parties in the United Kingdom and the European Union will have to continue to talk to each other to seek shared solutions for problems that remain largely common.
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Obligado & Cia | Argentina | 27 Sep 2021

Trade secrets in unfair competition legislation

The trade secrets legal regime, which protects secret, commercial and valuable information from misappropriation by third parties, constitutes the main alternative to the protection granted by the patent system. In Argentina, trade secrets are protected by the provisions of the General Agreement on Tariffs and Trade and the Agreement on Trade-Related Aspects of Intellectual Property Rights,......
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Montaury Pimenta, Machado & Vieira de Mello | Brazil | 27 Sep 2021

Challenging competitors' patents in Brazil

In Brazil, a problematic competitor's patent or patent application can be challenged by filing a subsidy to the technical examination or a request for administrative nullity procedure. This article discusses the advantages and disadvantages of the two methods, as well as other available options for parties wanting to challenge a competitor's patent in Brazil.
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