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Wanhuida Intellectual Property | China | 12 Jul 2021

Measures for administrative adjudication of major patent infringement disputes

Article 70(1) of the 2020 Patent Law states that "at the request of the patentee or stakeholders, the CNIPA [China National Intellectual Property Administration] may handle patent infringement disputes of significant national impact". In this regard, the CNIPA recently released the Measures for Administrative Adjudication of Major Patent Infringement Disputes.
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Wanhuida Intellectual Property | China | 8 Apr 2019

Patent enforcement: administrative or judicial?

Against the backdrop of China's changing IP landscape, the administrative enforcement of patents remains a valid option. Although local IP offices are being incorporated into the local administrations of market supervision, their patent enforcement function will remain intact. As such, judicial and administrative protection will likely dovetail in future to achieve complementary advantages....
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Deriş Patents and Trademarks Agency | Turkey, USA | 8 Apr 2019

Private expert reports and cross-examination in patent litigation

As specialised IP court judges do not have technical backgrounds, expert reports are essential in patent litigation. As a general practice, the courts obtain reports concerning an alleged infringement, invalidity claim or compensation claim from the court-appointed experts during the trial. Given the number of expert reports provided in patent litigation, cross-examination is vital as it......
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Grau & Angulo | Spain | 25 Mar 2019

Barcelona Court of Appeal confirms validity and infringement of Nescafé Dolce Gusto patents

The Barcelona Court of Appeal recently confirmed the Barcelona Commercial Court Number 5 decision which had declared two Nestlé patents to be valid and infringed by Fast Eurocafé SA. Considering the importance of the Nescafé Dolce Gusto system for Nestlé and the increased interest among competitors in commercialising compatible capsules, this judgment is of paramount importance.
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Sołtysiński Kawecki & Szlęzak | Poland | 18 Feb 2019

Constitutional Tribunal deems information claim mechanism unconstitutional

The Constitutional Tribunal recently found that the information claim mechanism provided for in the Industrial Property Law does not comply with the Constitution. Following the tribunal's ruling, the scope of the legal mechanisms to obtain information to determine the scale of an IP infringement has been reduced. However, the decision also makes it possible to protect entrepreneurs from the......
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Grau & Angulo | Spain | 4 Feb 2019

Criminal sentence for possession of handbags which infringe Robin Ruth Group design

The Arenys de Mar Trial Court Number 1 recently convicted the defendant in a case involving handbags which infringed a Robin Ruth Group (RRG) design for a crime against intellectual property. Notably, in May 2013 the defendant had signed a settlement agreement with the RRG following the seizure of hundreds of products which infringed other RRG designs in which it had undertaken not to......
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Grau & Angulo | Spain | 14 Jan 2019

Barcelona Court of Appeal confirms revocation of ex parte preliminary injunction in NuvaRing case

The Barcelona Court of Appeal recently confirmed the revocation of the preliminary injunction granted ex parte at the request of Merck Sharp & Dohme (MSD) for the alleged infringement of its NuvaRing patent. The court confirmed that an assessment of disputed facts in this context does not require certainty, but rather probability. Therefore, MSD's appeal was deemed to be groundless as it......
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Wanhuida Intellectual Property | China | 24 Dec 2018

Zhejiang court awards Stokke Rmb2.25 million in damages in patent infringement suit

The statutory limit for damages set out in the Patent Act is Rmb1 million, which is lower than the equivalent limit set out in both the Trademark Law and the Anti-unfair Competition Law. As such, it is becoming increasingly important in patent cases to convince the court that the prejudice is higher than the statutory limit. Stokke AS recently managed to do this before a Zhejiang court in a......
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Wanhuida Intellectual Property | China | 10 Dec 2018

Regulations clarify new agencies' roles following institutional IP reform

China's State Intellectual Property Office was recently renamed the National Intellectual Property Administration. Simultaneously, the activities of a number of government entities, including the State Administration for Industry and Commerce and the State Intellectual Property Office, were regrouped under the State Administration for Market Regulation. Since the government announced this......
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Smart & Biggar | Canada | 21 Nov 2018

Apotex not permitted to plead promise-based invalidity grounds in Section 8 lansoprazole action

The Ontario Superior Court of Justice recently dismissed Apotex's motion to plead promise-based invalidity grounds in a Section 8 lansoprazole action. The motion had arisen in the context of a Section 8 action in which Apotex claimed damages for delay in the issuance of its notice of compliance for its generic lansoprazole product (Takeda's Prevacid) due to prohibition applications commenced......
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