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
Submissions Sought on Cost Recovery Proposals
Following its fairly open high level consultation on fee structures earlier this year, IP Australia has now released a Cost Recovery Implementation Statement (CRIS) and seeks submissions on the proposed fee changes by 16th February 2020. Subject to any amendments the proposed fees will take effect from 1st October 2020.
Georgia soon to Allow Validation of European Patents
The European Patent Office (EPO) has signed an agreement with Georgia which, when enacted in Georgia’s legislation, will allow European patents to be validated in Georgia.
United States of America
CAFC Decision gives Guidance on Non-Abstact Improvement
In 18-1863 Koninklijke KPN NV v Gemalto M2M GmbH the Court of Appeals for the Federal Circuit (CAFC) overturned a District Court decision that invalidated a computer technology patent by finding that the appealed claims were not directed to the abstract idea of data manipulation.
3. Trade Marks
Recent Decision Highlights Trade Mark Issues with Contract Manufacturing in China
A recent decision by the Supreme People’s Court has essentially reversed the position taken by the Court in an earlier decision on whether marks affixed to products contract manufactured by Original Equipment Manufacturers (OEMs) in China exclusively for export infringe Chinese trade marks.
CJEU Upholds Non-Use Removal During Clinical Trials Stage
In C-668/17 Viridis Pharmaceutical v EUIPO (not yet in English) the Court of Justice for the European Union (CJEU) held that a trade mark for a pharmaceutical could be removed for non-use during the clinical trials stage.
Discussion Paper on Possible EU-NZ FTA Changes to Geographical Indications Legislation
Within the context of on-going Free Trade Agreement discussions between New Zealand and the European Union the Ministry of Foreign Affairs and Trade (MFAT) has released a discussion paper on potential changes to New Zealand’s geographical indication (GI) legislation, with feedback sought by Friday, 27 March 2020.