CONTENTS

NEWS


Court decisions, litigation and IP news from around the world.

US: COPYRIGHT


SCOTUS ‘scares’ copyright owners with fair use expansion

The Google v Oracle decision will create uncertainty among copyright owners and prompt new litigation. Muireann Bolger reports.

US: COPYRIGHT


Google v Oracle: a closer look at the dissent

As the fallout over SCOTUS’ ruling continues, Michael Graif of Mintz unpacks the blistering dissent to the landmark decision.

UK: TRADEMARKS


Nike’s ‘Satan shoes’ victory: would Lucifer’s branding have fared better in the UK?

The devil may have all the best tunes but as Nike triumphed in its lawsuit over “Satan shoes” at a US federal court, it seems that trademarks are an exception. Alex Borthwick of Powell Gilbert assesses whether the outcome might have been different in the UK.

CHINA: TRADEMARKS


Stamping out the copycats

A damages win for New Balance offers a warning of things to come for China’s infringers, reports Alex Baldwin.

UK: TRADEMARKS


Aldi’s ‘cake trolling’ trades IP risks for tweets

The public row with Marks and Spencer over Aldi’s Cuthbert the Caterpillar is part of a well-practised marketing strategy, finds Alex Baldwin.

EUROPE: PATENTABILITY


Clarity at last for computer-implemented simulations

The EPO has decided upon the patentability of computer-implemented inventions—and it’s good news, explain Tim Watkin and Lara Sibley of Marks & Clerk.

CHINA: PUNITIVE DAMAGES


Damage control

Updates to punitive damages in Chinese civil IP cases have drastically increased the risks for infringers, explains Haiyu Li of Chofn IP.

VALUATION OF IP ASSETS


What Michael Jackson’s taxes tell us about IP valuation

The dispute over the pop star’s estate highlights the need for a more systematic method of valuing intangible assets, argues Roya Ghafele of OxFirst.

TRADE SECRETS


Protecting trade secrets: common pitfalls

Innovating companies need a robust system that prevents misuse of trade secrets and responds quickly when a breach is discovered, says Hannah Netherton, partner in employment law at CMS.

US: PATENTS


Denial on trial

As the NHK-Fintiv rule denies ever more patent reviews at the US Patent Trial and Appeal Board, petitioners are seeking a remedy, reports Muireann Bolger.

US: COPYRIGHT


Video vetting on YouTube

YouTube’s new ‘front-loaded’ copyright check shifts the onus to uploaders. Alex Baldwin reports.

MEXICO: PATENTS


Post-grant possibilities

The regime around patent post-grant amendments in Mexico has changed but their impact is yet to be known in practice, says Verónica Avilez of Dumont.

GENDER DIVERSITY


Delivering diversity

The dearth of women in senior positions in law continues to be a pressing issue throughout Latin America, but positive strides are being made in Argentina, says Raquel Flanzbaum of Ojam Bullrich Flanzbaum.

CHINA: TRADE SECRETS


Secret solutions

Stronger laws and greater interest from authorities and judges are increasing the use of trade secrets in China, says Xiaojun Guo of CCPIT Patent and Trademark Law Office.

JURISDICTION REPORTS


Country-focused updates from the world’s top IP lawyers.

CLASSIFIED ADVERTISING


A handy directory of IP service providers.

MOVERS & SHAKERS


The latest hires, office openings and IP industry moves.

Issue 2, 2021


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