CONTENTS
US: POLITICS
IP under Biden: what does the future look like?
US President-elect Joe Biden is pushing forward with his plans for office, but what effect will his presidency have on IP? Sarah Morgan investigates.
US JUDICIARY
How Justice Barrett’s confirmation might impact patent eligibility
The addition of Amy Coney Barrett to the US Supreme Court’s bench could lead to challenges to modern, judicially imposed restrictions on patent eligibility, say Joshua Reisberg and Aaron Savit of Axinn.
DIVERSITY AND INCLUSION
Hidden depths: the problem of unconscious bias
Deep-rooted prejudices continue to blight the legal sector and its D&I efforts. Although many firms have introduced training programmes to tackle unconscious bias, it will take more than quick fixes to change entrenched behaviour. Muireann Bolger reports.
TRADEMARKS
Record TM filings at the USPTO—but do they conceal a darker picture?
An unprecedented growth in trademark applications at the USPTO, largely driven by Chinese filers, has been welcomed as a positive sign of economic recovery amid the pandemic. But it raises questions around the future legitimacy of US trademarks and brands. Muireann Bolger reports.
PATENTS
Will proportionality finally arrive in Germany?
Proposals to bring a proportionality test into the German Patent Act have caused controversy, but are fears warranted? Julia Schönbohm of Linklaters explores.
IP LAWS: MEXICO
Brighter days ahead
Mexico’s new Industrial Property Law heralds an improved system for the country’s IP owners in almost every area, says Christian Thomae of Dumont.
PATENTS
Arthrex: who are you calling inferior?
Earlier this month, the US Supreme Court agreed to hear Arthrex v Smith & Nephew. Jason Romrell, Derek McCorquindale and Brandon Andersen of Finnegan, Henderson, Farabow, Garrett & Dunner, outline what this means.
E-COMMERCE
A boost to consumer confidence
Updated rules for India’s e-commerce platforms seek to crack down on infringers who sell on the growing online marketplace, explains Shabnam Khan of RNA, Technology and IP Attorneys.
UK: TRADE SECRETS
English court affirms battery ban amid trade secrets dispute
The English Court of Appeal has applied UK trade secret regulations to uphold an interim injunction for the first time, blocking the importation of battery components that infringe trade secrets. Oliver Laing and Georgia Carr of Potter Clarkson report.
COPYRIGHT
Can artists weather the COVID-19 storm?
The pandemic means that copyright is more important to visual artists’ survival than ever before, explains Molly Torsen Stech, copyright attorney and author.
PATENTS
The UK Patent Box—is it delivering?
Patent Box legislation has been very much in vogue over the last few years. At their heart, such schemes provide tax incentives to companies selling patented products. But there are questions around whether the Patent Box is achieving its lofty goals, says Matthew Smith of Mewburn Ellis.
TRADE DRESS
A sticky mess
The Court of Appeals for the Third Circuit’s finding that Pocky chocolate-dipped sticks are ineligible for trade dress protection could herald the end of trade dress claims within the circuit. Julia Anne Matheson of Potomac Law reports.
