Pipers issues a bulletin on a monthly basis providing a summary of recent developments in intellectual property law and practice in Australasia and other key countries and regions such as USA, UK, Europe and Asia. Below are links to articles in the latest bulletin. Previous issues can be accessed via the left pane navigation.
Contents Summary of Latest Bulletin
Transition Period Smooths Brexit's IP Changes
Despite the UK officially leaving the EU at the end of 31st January 2020, IP rights will remain unaffected until the end of the transition period on 31st December 2020.
Important to Comply with India's Statement of Working Requirements
In contrast to other countries India requires a statement of working to be filed for granted patents. The patentee and licensee if relevant need to file the statement regarding the working (or non-working) of the patented invention on a commercial scale over the preceding calendar year by 31st March each year.
United States of America
Secondary Evidence of Non-Obviousness Should Take Account of Non-Claimed Features
In 18-2024 Fox Factory Inc v SRAM LLC the Court of Appeal for the Federal Circuit (CAFC) clarified that the analysis of secondary evidence of non-obviousness by the Patent Trial and Appeal Board (PTAB) was wrong on account of not taking into account unclaimed features.
Single Actor Not Required for Infringement by Importation of Product Made by Patented Process
In 18-1614 Syngenta Crop Protection LLC v Willowood LLC the Court of Appeals for the Federal Circuit (CAFC) held that section 271(g) does not require a single actor to have practiced the patented process in order to be liable for infringement.
3. Trade Marks
Responses to Madrid Protocol Formalities Objections to be Filed Directly with WIPO
International registration applications under the Madrid Protocol need to pass a formalities only examination by WIPO prior to becoming an international registration, after which WIPO notifies the designated countries so that it can be substantively examined in those countries.
Priority Entitlement Challenge from Suspicious Ownership Changes Fails
In 2019 NZIPOTM 30 Apple Inc v Swatch AG the Assistant Commissioner held that Apple’s assignment of IWATCH trade mark applications from an affiliated entity was not in contravention of the Trade Marks Act (and Paris Convention) provisions that only allow priority to be claimed from the first priority filing.
Shape and Colour Registration Invalidated for Lack of Specificity in Colour
In 2019 EWHC 3454 Fromageries Bel SA v J Sainsbury Plc the Judge upheld a UKIPO Hearing Officer’s finding that Fromageries registration of the shape and colour mark for Mini Babybel cheese is invalid on account of not sufficiently specifying the hue of the colour red.