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    Application of Unitary Patent Court (UPC) decisions in Contracting States
    Application of Unitary Patent Court (UPC) decisions in Contracting States
    This article will discuss the principles relating to the interaction between the UPC and national courts when enforcing UPC decisions and orders, as well as the as yet undefined aspects of these applications.
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    Interpretation of Relevant Regulations about the UPC Patent Mediation and Arbitration Centre
    Interpretation of Relevant Regulations about the UPC Patent Mediation and Arbitration Centre
    Article 35, paragraph 1 of the Unified Patent Court Agreement (“UPCA”) provides for the creation of a patent mediation and arbitration centre (Centre) seated in Ljubljana and Lisbon.
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    China’s institutional reforms and what it means for resolving IP disputes
    China’s institutional reforms and what it means for resolving IP disputes
    Following the launch of the plan, the 14th National People’s Congress of China passed the institutional reform of the State Council. The functions of CNIPA and the SAMR are now coordinated, and the enforcement teams of SAMR maintain the duty to enforce the law for trademarks and patents, under the professional guidance of the CNIPA. But what does this reform mean for dispute resolution, particularly arbitration, in resolving disputes around IP?
  • New
    EU’s proposal for a more efficient and future-proof design law
    EU’s proposal for a more efficient and future-proof design law
    On 29 November 2022, the European Commission published its long-awaited proposals for a new Directive on the legal protection of designs (hereafter “DDir”) and a new Regulation on Community designs (hereafter “DReg”). The Directive is the instrument used to provide harmonization amongst EU Member States with regard to their national design laws.
  • New
    Chinese character trademarks enjoy lowered distinctiveness in EU
    Chinese character trademarks enjoy lowered distinctiveness in EU
    The recent judgement of the General Court of the European Union in Case T‑323/21 Castel Frères v. Shanghai Panati Co. deals with the genuine use of a trade mark and distinctiveness of Chinese character trade marks in the EU. The Court decided that the registration of the contested Chinese character trade mark shall be revoked because its level of distinctiveness is below the average and it had been only used as a decorative element and not as an indication of origin of the goods.
  • New
    Patent eligibility of software inventions
    Patent eligibility of software inventions
    Article 25 of the Patent Law provides for six types of subject matters for which no patent right should be granted. No matter how practical, novel or inventive they are, specific results covered by such subject matters are excluded from patent protection. Nevertheless, the determination of ineligible subject matters does not require evidence to aid comparison as in the case of commenting on novelty or inventiveness, which can be concluded directly and merely by deductive reasoning.
  • New
    China's unique amendment by "furthuer definition" in patent invalidation
    China's unique amendment by "furthuer definition" in patent invalidation
    From the perspective of the legislative purpose, the purposes of formulating the patent law are the same in all countries in the world, and with the continuous development of globalization and deepening international cooperation, international patent procedures such as the Paris Convention for the Protection of Industrial Property and the Patent Cooperation Treaty (PCT) have emerged accordingly. However, there still exist subtle differences in many provisions of the patent law of each country depending on their actual situations.
  • New
    Applicable circumstances for postponement of examinations of administrative trademark cases
    Applicable circumstances for postponement of examinations of administrative trademark cases
    This article mainly introduces and discusses the specific types of cases that can be postponed in trademark administrative cases and the circumstances of the application of postponement. In the above-mentioned procedures and other procedures, there are also some other causes for postponement, such as requesting for the postponement of examination of review cases of refusal based on a consent.
  • New
    Ownership of trademark rights of informal appellations
    Ownership of trademark rights of informal appellations
    The analysis of this paper shows that there are two main factors that affect the ownership of trademark rights of informal appellation: one is whether the holder of formal trademark has subjective intention and objective behavior to use informal appellation, and the other is whether the use of informal appellation by others will lead to confusion and misunderstanding or damage the legitimate rights and interests of the holder of formal trademark.
  • New
    Is Patent Marking the Patent Owner’s Right or Statutory Duty?
    Is Patent Marking the Patent Owner’s Right or Statutory Duty?
    Patent marking statutes in the U.S. and China take completely different stances. In the U.S., patent marking requires an affirmative act of the patentee to mark her products, and failure to comply with patent marking may drastically limit the past damages afforded to the patentee before a litigation on patent infringement had begun. In contrast, patent marking in China only gives the patentee the right, rather than the obligation to mark, whereas the patentee may be entitled to a fully recovery of past damages regardless of whether or not she has done patent marking.
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