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Light Administrative Injunctions for Designs in China: Status-check on the 2021 Shenzhen AMR Reform

  In June 2021 the Shenzhen Administration for Market Regulation (Shenzhen AMR) issued the first ever provisions on administrative injunctions against the infringement of a design patents, including online infringements. It was a revolutionary provision. Without need to prove irreparable damage, a right holder could seek quick relief by filing a simple administrative complaint. Now … Continue Reading

China Accedes to the Hague Convention and Now Allows for International Design Filings

On February 5, 2022, China acceded to Hague System for the International Registration of Industrial Designs. The Hague provisions will become effective in China on May 5, 2022. China has been negotiating such accession for a few years, and it was partly anticipated by certain measures of harmonization introduced with the latest amendment to the patent law in … Continue Reading

New from China: Light Administrative Injunctions Now Available for Patents, Designs, and Copyrights

On June 21, 2021, the Shenzhen Administration for Market Regulation (Shenzhen AMR) issued the first ever administrative injunction against the alleged infringement of a design patent. The decision was based on a set of local IP regulations implemented in 2019 to increase protection of intellectual property (IP) rights associated with the booming local innovation in … Continue Reading

Understanding IP in China: Design Patents

In the last of his recent series of blogs on IP in China, Dr. Paolo Beconcini discusses amendments expanding the scope of design protection in China and predicts a new flood of “junk” design applications. He discusses the basis and requirements for Chinese design patents, including issues relating to functionality. He also discusses some structural issues that … Continue Reading

Federal Circuit Says Logos Must Be Taken Seriously in Evaluating Infringement of Design Patents

In its November 13, 2019 decision in Columbia Sportswear v. Seirus, the Federal Circuit addressed the issue of whether the presence of a logo in the accused design should be considered when assessing  infringement of a design patent and found that the district court erred in granting summary judgement without considering the impact of a … Continue Reading

Fluid Trademarks: Will Companies Go With the Flow?

Consistency and repetition are important in building a brand.  Or are they?  The digital economy is evolving so quickly that it has pushed brand owners to challenge trademark fundamentals by adopting trademarks that evolve as well.  Proponents of such shifting trademarks, called “fluid” marks, believe that they attract the attention of potential consumers, increase brand … Continue Reading

Multi-National Design Enforcement

We are pleased to announce that Paolo Beconcini, Consultant and IP expert in our Hong Kong office, will be speaking at the International Trademark Association’s conference in London on Tuesday 27 February 2018 on the topic of multi-national design enforcement. Paolo, along with other keynote speakers, will be considering the remedies available in several key … Continue Reading

An easier route to pan-European relief for online design infringement?

Half of the world’s population is now online. That’s around 4 billion people worldwide with access to the internet.  Little wonder then that intellectual property rights holders are having to take active steps to respond to the infringement challenges that this multi-territorial digital marketplace presents. Occasionally, governments respond directly to curb infringement online. For example, … Continue Reading

Intellectual Property Threats Reforms – Will IP Owners Benefit?

The Intellectual Property (Unjustified Threats) Act 2017 (the “Act”) comes into force on 1 October. It will reform UK law on unjustified threats in intellectual property infringement disputes. What will change and will this benefit IP owners? Currently, UK legislation provides that a person (typically the rightsholder) must not threaten another person with proceedings in … Continue Reading

Brexit – how will my IP rights be affected?

The two year countdown to Brexit has begun. With the clock ticking, there is now a more urgent need for businesses to plan for the impact that Brexit will have on their operations. We have produced an updated briefing for intellectual property owners explaining the likely implications for their EU-wide IP protection, particularly where there … Continue Reading

Reduced design fees in effect from 1 October 2016

Further to our earlier posts here and here, we can now report that the reduced fees for UK registered design protection will come into force on 1 October 2016. As we previously reported, businesses looking for registered design protection in the UK will make significant savings under the new fees regime. The fee reductions will … Continue Reading

Brexit – What could happen to my IP rights?

The UK electorate has decided that the UK should leave the European Union (EU).  The referendum does not take immediate effect.  Current EU law and EU-wide rights, for example, the EU trade mark and the registered Community design, will continue to apply until the withdrawal from the EU actually happens.  The process of leaving the … Continue Reading

Federal Circuit Holds Construction of Design Patents Must Include Functional Elements that Contribute to the Design’s Overall Ornamentation

In Sports Dimensions, Inc. v. The Coleman Company, slip op., 2015-1553 (Fed. Cir. April 19, 2016), the U.S. Court of Appeals for the Federal Circuit held that a design patent incorporating functional elements must be construed to include ornamental aspects of those elements.  It rejected a lower court’s construction of the design patent because the construction … Continue Reading

Designers beware: UK Supreme Court confirms that images alone will determine the scope of registered design protection

The UK’s Supreme Court has handed down its eagerly anticipated ruling in the long running Trunki litigation.  The Court expressed its regret at finding the Community Registered Design (CRD) in issue not infringed.  This appears to be the right result when the product which was alleged to infringe is compared with the design as registered.  … Continue Reading

IP Rights-Holders Given New Powers under EU Customs Laws

In a recent judgment, Europe’s highest court in civil matters, the Court of Justice of the European Union (CJEU), expanded the scope of the EU Customs Regulation.  It ruled that EU customs authorities have the power under the Regulation to seize and detain goods suspected of infringing intellectual property (‘IP’) rights where those goods have … Continue Reading
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