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4th August 2023 10:54
Marco Imperiale is the head of innovation at LCA, a leading Italian law firm, and a visiting researcher at Harvard Law School. He has extensive experience in legal design, legal tech, and in the interplay of copyright law and the entertainment industry. Whenever he finds time, he also works as teaching fellow (CopyrightX course) and as mindfulness trainer. Marco is an avid passio ... Read more...
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16th May 2023 09:30
Technology giant Apple has been assembling smartphones, through its contract manufacturers, in India since 2017. However, until 2022, the Cupertino-based firm had used manufact ... Read more...
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25th October 2022 12:36
The Covid-19 outbreak in 2020 triggered a prolonged period of economic disruption and necessitated several sectors to shift towards digitization to stay operational and competitive. Among those impacted, the healthcare sector faced huge challenges managing caseloads and providing normal healthcare services.
As pandemic-induced lockdowns across India caused mobili ... Read more...
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22nd September 2022 15:41
As the taxi industry changes, it's important to consider upgrades to your business to stay ahead of the curve. With new technology and trends emerging all the time, it can be difficult to know which are worth investing in and which you can skip. To help you make the best decisions for your business, this article has compiled a list of some upgrades to consider making to your ta ... Read more...
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9th September 2022 09:50
Starting a business is no easy task. There are actually a lot of things to consider before you take the plunge. This article will outline some of the most important factors to think about when starting your own business. Keep in mind that this is honestly not an exhaustive list, but it will give you a good starting point. So, read on if you're thinking of st ... Read more...
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9th August 2022 08:47
Have there been any recent regulatory changes or interesting developments?
Tsai: The Taiwan Intellectual Property Office recently submitted the draft Patent Law Amendment to the Executive Yuan and is expected to be passed soon. Some of the key aspects of the amendment are as follows:
&nb ... Read more...
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5th July 2022 09:58
While the pandemic disrupted traditional business activity across economies worldwide, it highlighted the value and competitive business scope of the digital economy.
In 2020, China’s digital economy maintained a high growth rate of 9.7% to reach RMB 39.2 trillion (about US $6.16 trillion), accounting for 38.6% of GDP. ... Read more...
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25th May 2022 14:15
By Angela Barkhouse & Jamie Roberts
Recent global political events have put a renewed spotlight on offshore and cross-border held assets. The Russian invasion of Ukraine, and the subsequent raft of international sanctions, have re-highlighted matters pertaining to offshore transparency. ... Read more...
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4th May 2022 09:38
“Metaverse” has become a new buzzword in China, bringing about a host of new and exciting business opportunities. Chinese technology companies have begun testing the water by developing metaverse type apps, trademarking metaverse-related phrases, and investing in the VR/AR segment. In this article, we explore the development of the metaverse in Ch ... Read more...
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10th December 2021 10:04
Vietnam and Russia have agreed to expand the production of the Sputnik V vaccine in Vietnam.
Although Vietnam already manufactures the Sputnik V vaccine, this latest deal will increase current production rates as well as produce the Sputnik Light vaccine (the vaccine that only requires a single injection instead of the usual two-dose regimen).
... Read more...
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8th September 2021 09:35
We take a look at India’s connectivity infrastructure, including the status of proposed projects and how they link to an overall vision for the country’s logistics sector and economic development.
One of the crucial components that drive and sustain economic growth in a country is its infrastructure, which is critical for achieving manufacturi ... Read more...
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23rd June 2021 10:01
On April 29, 2021, China released the second draft of the Personal Information Protection Law (PIPL), the country’s first comprehensive personal data protection legislation.
The updated draft includes more detailed requirements about what personal information internet companies are allowed to collect from users, and how they must handl ... Read more...
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18th June 2021 09:16
China’s space program clocked another achievement as it successfully sent its first group of three astronauts to the country’s under-construction space station. China aims to have a fully functioning station by 2022.
On June 17, 2021, China successfully launched the Shenzhou-12 Spacecraft with three astronauts on board, marking another step to ... Read more...
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31st March 2021 09:50
The Vietnamese government recently issued Decree 01/2021/ND-CP (Decree 1) on new regulations and changes regarding enterprise registration and notificatio ... Read more...
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26th March 2021 11:07
China has been exporting vaccines around the world, but in many areas and countries other vaccines instead of Chinese developed ones are in use and Chinese vaccines are not yet approved. It is too early to attempt to politicize the issue as it is reasonable for China’s medical officials to approve a product that they are familiar with. Should a foreign vaccine induce any prob ... Read more...
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23rd February 2021 11:55
On February 7, 2021, China’s State Administration for Market Regulation (“SAMR”) promulgated the Antitrust Guidelines for the Platform Economy (“Guidelines”) with immediate effect.
The final version of the Guidelines does not substantially differ from the initial draft unveiled by the SAMR at the ... Read more...
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Written by: Nishtha Yadav, India Briefing, Dezan Shira & Associates , Posted:
16th April 2020 10:27
Given the world’s dependence on China for raw material and components, it is not surprising that COVID-19 lockdowns in the country have gravely affected the global supply chain.
The disruptions in Ch ... Read more...
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8th October 2019 09:45
Do you want guaranteed one-to-one time with the most in-demand senior IP Law decision makers in Asia?
If so, the IP Law Europe Summit will help you grow your network fast in a time-effective and cost efficient format.
Connect with 50+ Chief IP Counsel, Heads of IP and G ... Read more...
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By Charles Kerrigan & Jonny Fry , Posted:
30th January 2019 10:03
The US equity market is one of the most regulated and valuable in the world, but dependent on only a handful of entities, which, if compromised, say by a cyber-attack, could wreak havoc on the world economy. Nearly all the stocks and shares in the US are owned by Cede and Co. Like most people you may not know them. In fact, all the rights investors think they have to dividends and votes are depend ... Read more...
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by: Melissa Cyrill, Asia Briefing, Dezan Shira & Associates , Posted:
14th January 2019 16:31
Made in China 2025 seeks to engineer a shift for China from being a low-end manufacturer to becoming a high-end producer of goods. The goal is to tap into China’s increasingly wealthy home consumer base as well as the value-added global sourcing segment.
This has required transitioning the country’s existing manufacturing infrastructure ... Read more...
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By Andrew J. Sherman, Posted:
9th January 2019 08:49
Tens of thousands of merger or acquisition (M&A) transactions occur each year, with nearly 51,000 closing worldwide in 2017, valuing more than $3.5 trillion.[1] Of those thousands of M&a ... Read more...
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By Steven De Schrijver & Matthias Demeyer , Posted:
22nd October 2018 08:45
“Done badly, due diligence can lead to overvaluation of the target, exposure to unknown risks, liabilities and integration problems which could undermine synergies driving the deal.”
Introduction
Generally, due diligence can be described as the process of ... Read more...
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By Dr Janice Denoncourt, Posted:
16th October 2018 09:22
Did you know that intellectual property (“IP”) rights comprise around 75% or more of the market value of most enterprises? Yet many businesses vastly underestimate the commercial significance of their intangible IP assets. The Chartered Institute of Management Accountants says intangibles are “a collective blind spot for decision-makers”. ... Read more...
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By Andrew J. Sherman, Posted:
24th September 2018 12:35
Just as the overwhelming popularity of franchising has captured the excitement of United States economy over the past 40 years, it has also attracted genuine attention in the overseas markets over the past 25 years and is likely to be a major trend in the future for harvesting and monetising a growing company’s intangible assets.
Avoidin ... Read more...
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28th June 2018 08:22
In May, Google demonstrated the ability of its artificial intelligent (AI) agent Duplex to have an actual conversation with real life people. It demonstrated it could book a hair appointment but struggled with a more nuanced conversation when attempting to make a ... Read more...
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By Angela Fan Chi Kung & Camila Martino Parise, Posted:
7th March 2018 08:28
In Brazil, biological products are regulated by the Brazilian Health Regulatory Agency – ANVISA pursuant to Resolution RDC No. 55/2010, and are defined as product containing a molecule with known biological activity, which has passed through all manufacturing steps. A molecule not yet approved in Brazil is called “new biological product”, while a molecule already regi ... Read more...
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By Alvaro Sabbagh, Posted:
1st March 2018 08:50
The legal framework for crude oil transportation by pipelines in Colombia dates from 1953, the year in which the Petroleum Code was issued in Decree 1056/1953. Since then, there have been no major legal modifications, with the exception of certain regulations issued by the Ministry of Mines and Energy (MME) in 2010 and 2014, which mainly aim to specify certain rules for the transportation activity ... Read more...
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By Mr. Frank Eradus LLM, Posted:
20th February 2018 08:30
Annually, many tens of millions (around 10% of sales) are lost in the realisation of Dutch infrastructure and construction projects. The main causes are often poor communication and insufficient information. This leads to ambiguities in functional specifications, costly design errors or building faults with delays and (mutual) failure costs as a result.
Clients and contr ... Read more...
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By Dezan Shira & Associates, Posted:
21st December 2017 09:09
The Malaysia Digital Economy Corporation (MDEC) on December 8, 2017 began accepting requests for foreign knowledge worker (FKW) projections. In Malaysia, companies registered with the MDEC must seek FKW projection approval in advance before applying for visa application (new or renewal) for their foreign employees.
For hiring foreign workers in 2018, companies with Malaysian Multimedi ... Read more...
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By Marissa Román Griffith & Christopher M. Maddox, Posted:
1st December 2017 08:30
Due to the changing market of traditional film financing methods, producers have started relying more heavily on international co-production arrangements to fund their projects. This trend has created a necessity for filmmak ... Read more...
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By Tian-ying Zhao & Yoyo Yao, Posted:
10th November 2017 12:44
In recent years, we have seen an increasing number of trademark applications that were filed in bad faith for the names of famous people, movies or fictions, and the main characters of these movies or fictions. Prior right owners have made attempts to block such bad-faith applications by claiming merchandising rights over the names. This article will first briefly discuss the legal basis of claimi ... Read more...
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By Mr. Yu-Li Tsai, Posted:
6th November 2017 12:15
Joint liability is an important worldwide issue in patent infringement cases because the software application technology is becoming more and more popular nowadays and the method under the software application technology has a nature that it can usually be easily implemented by several entities in the absence that a single entity implements all steps of the method. For example, in the U.S., Akamai ... Read more...
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By Ingrida Karina-Berzina, Partner and Head of IP&IT Practice Group at COBALT, Posted:
31st October 2017 09:00
Over the past few years, IP litigants in Latvia have experienced a number of significant changes to how and where rights may be enforced. The overall trend is toward clarity in procedural matters and stronger courts and adjudicatory bodies, and an enhanced role for sworn attorneys in the courts. Latvia will soon join the Unified Patent Court Agreement, opening access to a new pan-European court fo ... Read more...
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By Ronald A. Rudder (OBLON, USA), Posted:
25th October 2017 08:03
The value of patent portfolios to corporations is well established. For example, Microsoft reportedly paid AOL $1.1 billion for 800 patents related to advertising, search, mapping, and multimedia.[1] Nortel was paid $4.5 billion dollars for 6000 patents related to mobile design, wireless, and data networking.&l ... Read more...
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By Dr Janice Denoncourt, Posted:
23rd October 2017 08:49
Intellectual property (IP) rights are complex intangible legally recognised exclusive rights that play an integral role in modern corporate value creation. An important question that more and more stakeholders are asking is whether the current accounting treatment of intangibles under UK and international standards provides a ‘true and fair view’ of a company’s financ ... Read more...
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By Dr Sean Jauss (Partner, Mewburn Ellis LLP), Posted:
13th October 2017 08:29
Overview
On 23 June 2016, the United Kingdom (UK) held a referendum on its continued membership of the European Union (EU). The surprising result was a decision to leave, or “Brexit”. The result has no immediate legal effect. Indeed the two year formal process of exiting the EU has not yet begun. It is unclear wh ... Read more...
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By Ana Menezes Monteiro , Posted:
22nd August 2017 08:23
Data is a new currency. In today’s ever evolving use of data – such as self-driving cars, mobile health apps, geo-location apps and the omnipresent smart phones – it has become the most prized asset. And everyone wants more information and more data which in most instances means more personal data, or as the Americans call it, more PII.
... Read more...
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By Sérgio Pinheiro Marçal, Angela Fan Chi Kung & Camila Martino Parise, Posted:
9th August 2017 09:24
During the last decades, the development of pharmaceuticals obtained through biological fluids or animal tissues or via biotech procedures has gained momentum and enabled the industry to offer therapeutic alternatives for several complex diseases for which there was no treatment until recently. These pharmaceuticals are costly, though, and widely inaccessible for the general public – whi ... Read more...
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By Sérgio Pinheiro Marçal & Lucas Pinto Simão, Posted:
4th August 2017 08:12
The Brazilian Consumer Protection Code (Law No. 8,078 of 1990) came into force in 1991 and has since been an important instrument in bringing balance to the naturally uneven supplier-consumer relations.
Nearly 25 years have gone by since the inception of the Consumer Protection Code, but even today there are still debates and disputes over how best to interpret ... Read more...
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24th July 2017 08:29
Intellectual property (IP) is often a key part of the rationale for an M&A transaction. Early planning, especially when you are the seller, can certainly make the difference between success and failure. It is surprising how often companies do not know what IP rights they own. Identification of all assets: patents, trade marks, designs, copyright, know-how and materials all add to the value ... Read more...
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By ASEAN Briefing, Posted:
19th July 2017 08:01
Although the Philippines has slipped behind other ASEAN nations in automotive market size and though lacking in major domestic brands, the country’s massive exports of electronics and metal goods still make it a significant part of the international automotive supply chain. Currently, over 250 automotive companies operate in the Philippines, with foreign businesses largely represented by ... Read more...
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By Lluís Esquerra, Posted:
13th July 2017 09:45
Barcelona is one of the fastest rising European cities in recent years, which for different reasons every reader of this article can identify in their own particular way. Health professionals are also familiar to a greater or lesser extent with Barcelona’s current status and potential in the life sciences sector, which have made it one of the most promising European centres in this field ... Read more...
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By India Briefing, Posted:
28th April 2017 08:37
India has successfully established its information technology (IT) and IT enabled services sector, which currently accounts for about 67 percent of the world’s US$124-130 billion IT market. Overall, the IT sector generates over 10 million jobs in India.
This has led to the growth of several IT hubs across the country such as Bangalore, Delhi National ... Read more...
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By India Briefing, Posted:
14th March 2017 08:05
This week, the domestic media reported that Apple is set to manufacture its iPhone SE model in India. Taiwanese contract manufacturer Wistron Corp will manufacture the phone.
While the proposal will need to be approved by the prime minister’s offic ... Read more...
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28th February 2017 08:10
As the title suggests, we begin with a question. What is the correlation between the world renowned playwright, William Shakespeare, and the world dominating technology, virtual reality?
One’s first answer seems obvious…nothing.
However, when delving closer, a connection between the two can indeed be est ... Read more...
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By R. Mark Halligan, Partner, FisherBroyles, LLP, Posted:
7th February 2017 08:32
With passing the Defend Trade Secrets Act 2016 (DTSA), trade secret assets are no longer step-child intellectual property rights. Trade secret assets are now on the same playing field as patents, copyrights and trademarks with the creation of a federal civil cause of action for trade secret misappropriation. In addition, powerful trade secret protection tools are now available under the DTSA inclu ... Read more...
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By Bruce H. Leeds, Posted:
1st February 2017 09:09
It is common these days for companies to store data in the “cloud”, meaning it is on a server located somewhere in the world. What if that data is export controlled?
For example, a company has defence-related technical data controlled under the International Traffic in Arms Regulations (ITAR). Can it be stored on a ... Read more...
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By China Briefing, Posted:
10th November 2016 08:38
Formerly a fishing village, Shenzhen has rapidly emerged into the thriving metropolis it is today. Since the city’s designation as a Special Economic Zone (SEZ) in 1980, Shenzhen has continuously been growing at a high speed. The population has increased from 30,000 in 1979 to over 10 million today, and Shenzhen’s property prices are growing at the highest rat ... Read more...
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21st October 2016 08:18
Have There Been Any Recent Regulatory Changes Or Interesting Developments?
Bermuda as a jurisdiction is highly responsive to evolving market demands and over the past 18 months key stakeholders, including the government, the financial services regulator (the Bermuda Monetary Authority) and investment industry professionals have collaborated t ... Read more...
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By Vietnam Briefing, Posted:
18th October 2016 08:07
With a rapidly expanding middle class and massive tariff reductions from free trade agreements (FTAs) expected to come into effect in the coming years, Vietnam is poised to experience significant growth in its beverage industry. By 2020, Vietnam is projected to consume 4.5 billion liters of beer, 350 million liters of alcohol and spirits, and 8.8 billion liters of other beverages per year. Growth ... Read more...
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By Paul Babie, Posted:
22nd August 2016 07:53
Introduction
Private property consists of a bundle of rights comprising three primary powers of choice: use, exclusivity, and disposition. These three rights allow their holder to choose how to use, who to exclude, and how to dispose of whatever good or resource, tangible or intangible (from land, to shares, to trademarks and patent ... Read more...
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By China Briefing, Posted:
18th August 2016 08:05
On June 20, 2016, the China Food and Drug Administration (“CFDA”) proposed the “Priority Review Designation Procedure for Medical Devices (Exposure Draft)”in an effort to cut through the persistent bureaucratic red tape in the registration process of medical devices and fulfill China’s rising clinical demand for medical devices ... Read more...
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By Dezan Shira & Associates, Posted:
26th July 2016 08:20
Singapore is ASEAN’s most developed economy and offers a wide range of investment opportunities for companies seeking to tap into the city state’s rich pool of talent and extensive global trade networks. These conditions have not been lost on foreign investors whose capital flows have propelled Singapore to become Asia’s top hub for finance and, more recently, startup ... Read more...
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By India Briefing, Posted:
20th July 2016 07:56
India’s financial technology (fintech) sector may be young but is growing rapidly, fueled by a large market base, an innovation-driven startup landscape, and friendly government policies and regulations. Several startups populate this emerging and dynamic sector, while both traditional banking institutions and non-banking financial companies (NBFCs) are playing catch up.
&am ... Read more...
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By Luis Miguel Amaral, Posted:
15th July 2016 08:03
Portugal is Europe’s most western country. Its total area is 92 090 km2, and is bounded on the north and east by Spain and on the south by the Atlantic Ocean with a coastline of 1,230km. The country is formed by a mainland and two autonomous regions, Azores and Madeira archipelagos.
Portugal has several high quality beaches which, associated with a Me ... Read more...
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By Dezan Shira & Associates, Posted:
3rd June 2016 08:58
India’s 2016-2017 Union Budget provides a significant outlay for infrastructure expenditure. This spending is seen as a key component of the government’s plans to boost India’s growth levels to projections ranging between 7 and 9 percent. The allocation of US$ 32.41 to US$ 32.70 billion (Rs 2.19-2.21 lakh crore) and a newly liberalized forei ... Read more...
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By Dezan Shira & Associates, Posted:
31st May 2016 10:22
China is expected to increase its wind power installed capacity from the current 149 gigawatts (GW) to 495 GW by 2030, according to a recently released report from GlobalData. This substantial rise would represent a Compound Annual Growth Rate (CAGR) of nine percent and is in line with plans laid out in China’s 13th Five Year Plan, which targets an increase in domestic wind cap ... Read more...
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26th May 2016 08:30
The grey, identical cubicles which made up the stereotypical office of yesteryear are giving way. New ideas on how to foster happiness, productivity and health at work have crept in – and grim, dismal environments are being taken away. It leaves a lot of businesses with the question, “what can I do with this space to get the most out of my staff?” ... Read more...
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25th May 2016 08:39
Who are the main regulators and what are the key legislations that apply to biotechnology & pharmaceuticals?
Pharmaceutical and biomedical products are primarily regulated under the Therapeutic Goods Act 1989 and its associated regulations. The Therapeutic Goods Administration (TGA) is the agency responsible for ad ... Read more...
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By Dezan Shira & Associates, Posted:
20th April 2016 09:42
The relentless momentum of investors turning their sights towards China has softened of late, as slowing growth and stock market volatility have caused alarm among observers. In 2015, FDI into China’s manufacturing sector came in at US$39.54 billion, a slight drop from 2014 (US$39.94 billion) and accounting for 31.4 percent of the total. While some of these fears are grounded in ... Read more...
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26th February 2016 11:01
Have there been any recent regulatory changes or interesting developments?
In December 2015 President Barack Obama signed into law the Fixing America's Surface
Transportation (FAST) Act which is a funding and authorization bill to govern United States federal
surface ... Read more...
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By Dezan Shira & Associates, Posted:
11th January 2016 10:14
Thailand: Mobile Network Providers Set to Launch 4G Services
Major mobile service providers plan to launch 4G (fourth generation high-speed data) services in early 2016. The 4G services will service the expanding mobile user base in the country. The launch of 4G services has the potential to increase the volume of business for infor ... Read more...
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By Nathalie Dreyfus, Emmanuel Harrar, Estelle André & Frédéric Marlot , Posted:
5th January 2016 09:08
In an increasingly complex economic and legal environment, it has become imperative to efficiently protect, enhance and defend the essential assets of a company. Dreyfus’ purpose is to support its clients with all the flexibility and reactivity that its structure allows, while offering the most up-to-date skill-sets, especially regarding international issues in the field of new ... Read more...
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By Maggie A. Ramage, Posted:
27th November 2015 11:23
A point which is often raised by clients, particularly in recessionary times, is why register a trade mark – what disadvantages exist if you do not register and what advantages are there for you if you do? I believe it can be a false economy to ignore trade mark registration and may prove expensive for a trade mark owner later on if no action to protect a mark is taken. ... Read more...
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By Neha Mittal & Akriti Kapoor, Posted:
25th November 2015 11:57
The Pharma World, in the mid-1990s, revolutionised the healthcare sector-globally as well as in India, by introducing the next big thing to market; wonder drugs known as Biologics; a new generation of bio-therapeutics in terms of large complex molecules that provide a cure to major life-threatening diseases. In 2007, the biologics market witnessed an expeditious growth rate of around 20% ... Read more...
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By Fernando Vidaurri, Posted:
9th November 2015 09:50
Last month ASEAN member states met in Kuala Lumpur for the 33rd ASEAN Ministers on Energy Meeting and agreed to look to renewable energies as a way to solve lack of electricity in some of their communities. During the meeting the ministers also endorsed the 2016 ASEAN Plan of Action for Energy Cooperation 2015-2016 and agreed to reach a target of 23 percent renewable energy by 2025.
& ... Read more...
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30th October 2015 09:18
Who are the main regulators and what are the key legislations that apply to technology, media and telecommunications in your jurisdiction?
There is a lot of overlap in the regulatory bodies that monitor telecoms, media and the internet in the UK. The key regulators are the UK department for culture and sport ... Read more...
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By ASEAN Briefing, Posted:
7th September 2015 09:49
A new section of the planned Asian highway linking India, Myanmar, and Thailand has become operational. The 25.6 kilometer roadway will reduce travel time between Thinggan Nyenaung and Kawkareik from three hours to 45 minutes.
The newly opened section of the highway is located in the East-West economic corridor of the Greater Mekong Subregion (a development pro ... Read more...
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By Jennifer Martin & Graeme Nuttall OBE, Posted:
24th August 2015 09:53
In the September 2014 edition of Expert Guide (Tax) Graeme Nuttall wrote about how the UK employee ownership ("EO") business model is attracting momentum internationally (see &am ... Read more...
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With Steven E. Warner, Posted:
22nd July 2015 09:19
1. Is the era of Patent Trolls now behind us with the shifting political mood toward aggressive patent enforcement?
While the number of new patent troll lawsuits was down in the past year, I think that it is still too early to say that the era of the patent troll is over. Nevertheless, the political mood is certainly trending against patent trolls. Ou ... Read more...
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By Anne-Katel Martineau, Posted:
30th June 2015 11:17
The publication of digital works (articles, images or videos) on the internet is an essential part of corporate marketing strategies. However, the risks of infringement of copyright due to the publication of protected works are often disregarded. These risks can be difficult to grasp because once uploaded on a website, these works can easily be copied and shared on other websit ... Read more...
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By Valeria Ivasikh, Posted:
21st January 2015 09:04
Over the past few years, Russia has come a long way in terms of tackling intellectual property infringement. We have seen the first clash between right holders and social network Vkontakte; an increase in the amount of court-awarded compensations for copyright breaches; and reasonably coherent amendments to its Civil Code - the primary source of law governing intelle ... Read more...
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By Nandan Pendsey & Ramya R.S., Posted:
22nd December 2014 11:19
The division bench (“DB”) of the Delhi High Court (“HC”), in the case of World Wrestling Entertainment, Inc., v. Reshma Collection(1), by order dated 15 August 2014, has interpreted the term “carrying on business” in the context of jurisdiction in trademark and copyright infringement suits to includ ... Read more...
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By Paul Conover & Philip Nelson, Posted:
5th December 2014 09:43
In 1982, the U.S. congress formed a new specialised appeals court, the Court of Appeals for the Federal Circuit, or “CAFC,” and transferred responsibility for patent appeals from the various regional courts of appeal to this new court. One goal of establishing the CAFC was to bring uniformity and predictability to U.S. patent law, since consolidating responsibility fo ... Read more...
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By Richard Vary, Posted:
3rd December 2014 09:11
Seven years ago Nokia and Bosch were negotiating a patent license. Bosch had been a significant contributor to the mobile phone standardisation process. They had chaired some of the committees. They had invested, they said, €8bn in research. But despite years of negotiations, we were unable to agree. Eventually Bosch delivered the inevitab ... Read more...
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By Ólafur Ragnarsson, Posted:
1st December 2014 08:37
International co-operation
Iceland is a member of the World Intellectual Property Organization (WIPO) and a party to most major international intellectual property (IP) protection agreements. Intellectual Property Rights (IPR) and it´&l ... Read more...
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25th November 2014 09:02
On November 4th, 2014, the Spanish Parliament passed Law 21/2014, amending the 1996 Consolidated Restated Text of the Spanish Intellectual Property Law (the “IP Reform”).(i) The IP Reform implements Directive 2011/77/EU, of 27 September 2011, which extends the term of the protection of phonograms, and Directive 2012/28/EU, of 25 October 2013, allowing libraries, museum ... Read more...
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By Laura Collada, Posted:
18th November 2014 09:25
Up to date, Mexico has been working more than 18 months with the Madrid Protocol. Mexico adhered to the Madrid Protocol on 19 November 2012 and it entered into force on 19 February 2013.
Our TM legal framework still lacks an opposing system and we are still working with single class methodology. The outstanding and surprising thing is that e ... Read more...
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By Edward Barbour-Lacey, Posted:
7th November 2014 08:53
HCMC – Intellectual property (IP) is a key concern for every business, no matter where they are operating. This is no less true in Vietnam – while the country is signatory to numerous IP conventions, there are still many reasons for foreign companies operating there to keep a close eye out for IP violations. Therefore, it is crucial that foreign investors hav ... Read more...
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With Ryan Baker, Partner at Baker Marquart LLP, Posted:
3rd July 2014 09:24
Are you witnessing any prominent trends or strategies?
Above many trends in intellectual property law is the cloud. Cloud computing and its inherent decentralization has raised new iss ... Read more...
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By Brenda Matanga, Posted:
30th June 2014 09:42
A reading of the current economic news is reflective of positive projections on how Africa is emerging out of the proverbial ‘dark continent’ to be a force to reckon with amongst leading world economies. Such positivism stems from the fact that Africa has experienced unprecedented economic growth in recent years, despite the global economic crisis. Leading e ... Read more...
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By Webb Ward, Posted:
2nd May 2014 08:38
If you have developed an idea, product or design, ensuring that it is solely your property can be a complex business. This is particularly so when considered in an international context. Unfortunately, just because you have registered your intellectual property in one country does not mean that it enjoys protection elsewhere. These rights are usually specific to one s ... Read more...
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By Alexis Apostolidis, Posted:
31st January 2014 09:12
The dynamics of the pharmaceutical market in South Africa and the pharmaceutical patent enforcement landscape is changing rapidly, especially in the light of recent developments towards the end of 2013 with a new Draft National Intellectual Property Policy.
Some of the reasons for the change stems from a greater need to provide access to medicine, often times b ... Read more...
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By Despina Samara, Posted:
29th January 2014 08:43
In 2001, following complaints of 16 associations of pharmacists, the Pan-Hellenic Association of pharmaceutical warehouses, the Pan-Hellenic Association of pharmaceutical wholesalers and 41 pharmaceuticals wholesalers against the policy applied by GlaxoSmithKline SA and its parent company for the distribution system of three of its pharmaceutical products in Greece. The legality of a dom ... Read more...
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By Ahmed Ali M. Al-Mukhaini & Jalpa Mehta, Posted:
3rd January 2014 08:39
Sultanate of Oman has always been a unique offering to the modern world, with rich archaeological, historical and traditional IP intensive assets wrapped in its lap depicting Omani lifestyle in a unique way. The value of these assets and the need to protect them was realised as early as 1976 when the National Heritage Protection law was promulgated. Its objective was the protec ... Read more...
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By Christodoulos G. Vassiliades on behalf of Christodoulos G. Vassiliades & Co LLC., Posted:
19th December 2013 11:29
On March 17th 2013, Cyprus, found itself in the spotlight of the world. The haircut “imposed” upon Cyprus bank accounts was the subject of much controversy. Nonetheless and despite the impact of this inevitable adjustment both in economic and societal terms, Cyprus remains an ideal investment regime provider.
This arti ... Read more...
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By Maria Lourdes Ruiz Sotolongo, Posted:
16th December 2013 08:41
Cuba, as member of the WTO, must apply the provisions of the Agreement on the ADPIC which contain a framework of minimum juridical norms regarding patents that require implementation within national legislation.
Therefore, on 20 November 2011, Decree-Laws 290, 291 and 292, on Inventions and Drawings and Industrial Models, on Protection for Vegetal Varieties and ... Read more...
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By Andrew J. Sherman, Posted:
12th December 2013 11:25
Innovation and intrapreneurship are global governance issues. Board members and company leaders are the stewards of the assets of the organisation—both tangible and intangible. Cultivating, harvesting, and protecting those assets, particularly intangible assets, is more important than ever, as companies are operating i ... Read more...
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By Matthew D. Asbell, Posted:
10th September 2013 08:51
If you are anything like me, you don't think of going to see a doctor when you are not feeling ill. Even if you like your doctor, you dread the idea of regular check-ups, which grow even more unpleasant when you consider the possibility that she might discover something requiring testing, treatment, and/or follow-up. Probably after some persistent goading, you end up ma ... Read more...
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By Dezan Shira & Associates, Posted:
12th July 2013 10:35
Vietnam has a comparatively strong intellectual property (IP) framework which includes several multilateral agreements and other relevant bilateral trade agreements. This article will provide an introduction to the legislative framework for intellectual property rights (IPR) in Vietnam, including an overview of the procedures for registering IP.
L ... Read more...
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By Richard Milchior- Partner Granrut Société d'aovcats, Posted:
14th February 2013 10:20
For the last two years, Cloud computing has had an incredible growth. The recent forecasts are mentioning a turnover which should be around €29 billion including 1.7 billion in France at present, and expecting to rise to 5 billion by 2015. Everybody wants to be a part of a growing market where the future is.
Hundreds of articles hav ... Read more...
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By Editha R. Hechanova, Posted:
8th February 2013 12:16
Many trademark owners get frustrated upon being informed that in order to maintain their trademark applications or registrations in the Philippines, a declaration of actual use (DAU) has to be filed. The Philippines had acceded to the Madrid Protocol on July 25, 2012, and the Intellectual Property Office of the Philippines (IPOPHL) is currently reviewing its Trademark Rules and drafting ... Read more...
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By Alistair McKinnon & Dr. Julian Potter, Posted:
8th January 2013 09:17
The England and Wales High Court (EWHC) has demonstrated its willingness for the English Courts to have jurisdiction over issues of infringement of foreign-designated patents. In the decision Actavis Group hf v Eli Lilly & Company (USA)/Medis ehf v Eli Lilly & Company (USA),[2012] EWHC 3316 (Pat), the court confirmed that English courts could exercise ... Read more...
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By Andrew J. Sherman, Posted:
4th January 2013 10:58
In my new book, Harvesting Intangible Assets, the critical paradigm shift of the global balance sheets of both large and emerging growth companies is discussed in considerable detail. What was once a mere ten to follow percent of the overall net worth of a companies now closer to ninety percent and growing. Leaders of the companie ... Read more...
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By Korcan Dericioglu & Ayca Pinar Eren Yasar, Posted:
27th December 2012 12:40
With the prevalence of its use, the Internet started being with us in every moment of our lives, being involved in our mobile phones and even in our home appliances. Beyond this, the developed search engine infrastructure and social media networks brought a new dimension to usage habits in internet. While we used to access a website by inserting the domain name with its extensi ... Read more...
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By Mrs. Laura Collada, Posted:
21st December 2012 09:57
The legal framework of trademarks in Mexico is changing rapidly. The past couple of years have shown a tendency to modernise our Trademark System. However, all these changes raise a very important question; how many amendments can a system take without running the risk of collapsing?
Following the fundamentals of the Roman law and the Napole ... Read more...
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By Anthony Albutt , Posted:
20th December 2012 10:03
MADE IN CHINA; words that adorn millions, if not billions, of products every year originating from China and making their way around the globe. However, is there evidence that China’s position as the world’s leading manufacturer is set to change?
Numerous reports illustrate how China’s wages are increasing along with the ... Read more...
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By Jacqueline Needle, Posted:
18th December 2012 09:40
The European Patent Office (EPO) opened for business in 1978. At that time it was also proposed to provide for a unitary Community patent. After many false starts, and after many different proposals, it is suddenly looking likely that there will be a Unitary Patent. The European Commission has suggested that the system could commence in early 2014. There is ... Read more...
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By Jonathan Cohen, Posted:
13th December 2012 10:06
Top Level Domains (gTLDs) are the letters following the “.”, for example: .com; .net; .org; .travel, and so on. For those who have followed the new gTLD process at ICANN (The internet Corporation for Assigned N ... Read more...
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By Valery Guerman, Posted:
11th December 2012 09:37
Russia is on the threshold of significant changes in the system of legal protection of intellectual property rights. On the 1 February 2013, a new judicial authority called Intellectual Property Court will commence its work. This new structure will be awarded the status of a specialised arbitration court. An arbitration court in Russia is a judicial authority in charg ... Read more...
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By Anne Morel & Michael Kitai, Posted:
29th November 2012 10:20
Over recent years, the Grand Duchy of Luxembourg has focused considerable attention on developing an attractive environment for development and managing intellectual property (“IP”) rights on its territory.
Etienne Schneider, Minister of the Economy and Foreign Trade, constantly recalls (and recently during the 5 ... Read more...
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2nd October 2012 11:31
Julius and Creasy is one of the oldest civil law firms in Sri Lanka. Founded in 1879, the firm has established itself on rich tradition and the highest professional principles. Julius and Creasy’s wealth of expertise and experience in a wide range of specialised fields of Law enables it to offer innovative legal and business solutions to a diverse, sophisticated and h ... Read more...
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By Brian Wimpey, Posted:
11th July 2012 09:36
The protection of a country’s cultural heritage is meet and just, but the means of doing so has stimulated international debate in many countries where there is sufficient sensitivity to such issues, as well as at the World Intellectual Property Organization (WIPO).
The South African Intellectual Property Laws Amendment Bill, which only ... Read more...
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By Richard Stobbe, Posted:
9th July 2012 08:47
Apps are not just for Angry Birds anymore. The licensing of mobile apps is becoming more common for business-to-business software vendors who are extending the reach of their enterprise applications to take advantage of opportunities in mobile and cloud computing. If you are a vendor of enterprise software and you want to add mobile functionality, here are a few of ... Read more...
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By Vivian Ni, Posted:
22nd March 2012 10:50
China’s video web sites have made “fundamental” improvements in their use of audiovisual products with authorized copyrights, according to Yan Xiaohong, deputy director of the General Administration of Press and Publication. Now, at least 76 percent of movies shown on the country’s 18 largest video web sites are shown in authorized-copyright format. ... Read more...
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By Purnima Singh, Posted:
1st March 2012 10:28
The past year has been a dynamic one for the music industry with several High Courts in India addressing the rights of underlying rights holders in sound recordings. These rulings are a ray of hope for radio stations that have for years battled a double royalty for the broadcast of music.
& ... Read more...
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By Charmayne Ong, Posted:
29th February 2012 10:29
The year 2012 is expected to be a year full of change to the IP regime as it is the culmination of a number of years of discussion and consultation in the ever-continuing process of bringing the country’s domestic legislation and practice in line with international IP standards and obligations. Boosting this process is the Prime Mini ... Read more...
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By Lukas Steinberg , Posted:
27th February 2012 11:45
Unfortunately albeit not surprisingly, even registered trademarks are far from being safe from infringement. As one marketing expert put it, if your product is not being counterfeited in China, you did a bad job. Enforcement may be unavoidable depending on the individual case and if the infringement interferes with the company’s business interest. There are several channels that ... Read more...
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By Lukas Steinberg, Posted:
7th February 2012 10:29
When evaluating the opportunities for doing business in China, most entrepreneurs are more or less aware of the fact that the company’s intellectual property rights (IPR) will be exposed to a precarious legal environment that undergoes considerable changes to this day. One may find that the level of legal protection offered to IPR in case a dispute arises is ... Read more...
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By Paul-Alexander Wacker, Posted:
23rd January 2012 10:54
With the substantial progress in harmonising IP regimes across the world: like the Patent Cooperation Treaty (PCT) (1970), the Agreement on Trade-Related Aspects of IP Rights (1994) and the Singapore Treaty on the Law of Trademarks (2004)) and in Europe (through the European Patent Convention, the Community trademark, the Community design and the EU IP Rights Enforcement Directive (2004/4 ... Read more...
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By Wubin Yan, Posted:
20th January 2012 11:01
China is a member of Berne Convention, WIPO Copyright Treaty, PCT Treaty, Paris Convention, Madrid Agreement for International Registration of Trade Marks and its Protocol, WTO, Phonograms Convention, Patent Cooperation Treaty, UPOV Convention, Washington Integrated Circuits Treaty and TRIPs Agreement and has its comprehensive legal system to protect Int ... Read more...
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By Steven E. Warner & Kristina M. Mahoney, Posted:
10th January 2012 09:55
The 2011 Leahy-Smith America Invents Act (“AIA”) was signed into law by United States (“U.S.”) President Obama on September 16, 2011, making major changes to the patent laws in the U.S. Perhaps the most significant change is the move from a first-to-invent system to a first-inventor-to-file system. This modification and others in ... Read more...
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By Emmie de Kock & Rina Gunter, Posted:
9th January 2012 10:10
In September 2010, Account Works Software (Pty) Limited t/a ORANGEWORKS, a young South African company selling accounting software, received a favourable judgment from the South African Registrar of Trade Marks, in a “David and Goliath” battle, against Orange Personal Communication Services Limited, a multinational tel ... Read more...
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By Helen Scott-Lawler and Hannah Court, Posted:
3rd January 2012 09:29
Intellectual Property rights are vital assets for many businesses and licensing to others is one of the key methods used to exploit those rights. Done properly, licensing can be of immense value as a tool for generating revenue and advancing the reputation and market reach of the licensor. However, get it wrong, and the consequences could go far beyond a failure to cap ... Read more...
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By Daphne C. Lainson, Posted:
20th December 2011 09:26
Canada is seeing a surge in small to mid-size pharmaceutical companies marketing directly in Canada. Canada’s public payer system and broad access to healthcare make it an attractive market, as does its proximity to the U.S. border.
While companies are exploring the “Great White North”, it is im ... Read more...
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By Eric Kurtycz, Posted:
16th December 2011 10:39
By this point in time, it is safe to say that about every U.S. patent practitioner is aware that there has been a major change in U.S. patent law in the form of the “America Invents Act”. Inventors/Clients should be cognizant of the fact that the Act has the potential to bring some major changes to the U.S. patent system and should seek out the advice of thei ... Read more...
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By Herman Blignaut, Posted:
15th December 2011 11:05
It is trite law that copyright is a technical subject. A heavy burden of proof rests on the shoulders of a Complainant in copyright infringement proceedings. In short, it is necessary for a Complainant to show that the works in respect of which protection is sought are eligible for copyright and that copyright subsists in the works. This requirement includes ... Read more...
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By Keith Barritt, Posted:
12th December 2011 09:39
The Internet as we know it may soon be changing forever. From January 12, 2012 to April 12, 2012, the Internet Corporation for Assigned Names and Numbers (ICANN) is expected to accept applications for new generic “top level” domain names (gTLDs), which is the text to the right of the dot, where .com, for example, is now.
... Read more...
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By Richard Milchior, Posted:
9th December 2011 09:10
Everyone has heard about the new paradise that is being offered to minimize the cost of the information system: cloud computing.
This is an oxymoron however, since the salesmen and advertisers present this solution as a bright and clear one, nevertheless, it is sold under the word cloud, which when considered under its adjec ... Read more...
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By Sarah Byrt and Daniel Hart, Posted:
2nd December 2011 10:35
Three recent cases – on Darth Vader, digital rights and databases respectively – all shed light on where you can sue for intellectual property infringement and how you can enforce your rights to get an effective remedy. Each relates to the media sector but raises issues which are of interest to all business which regard IP rights as important assets. ... Read more...
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By Brian W. Gray, Adam B. Haller & Allyson Whyte Nowak, Posted:
1st December 2011 10:28
On November 24, 2011, the Federal Court of Appeal released its highly anticipated decision in the case of Amazon.com’s so called ‘one-click’ patent.(1) The Federal Court of Appeal set aside the decision of the Trial Judge and referred the case back to the Commissioner for expedited re-examination in accordance with its reasons.
& ... Read more...
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By Maggie Ramage, Posted:
29th November 2011 10:42
Domain name registration and maintenance is an area of law that has grown very quickly- perhaps too quickly for owners of domain name registrations to really think through domain name management. All too often, companies have little or no cohesive strategy for domain name ownership, management or renewal.
A domain name management strategy is essential. &n ... Read more...
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By Brian W. Gray, Posted:
25th November 2011 10:37
On October 14, 2010, the Federal Court of Canada released its highly anticipated decision in Amazon.com, Inc. v. ... Read more...
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By Steven M. Weinberg, Posted:
24th November 2011 10:36
Introduction
Among the most important assets of a company is its non-public competitively significant information and know-how. In today’s fast-paced highly competitive marketplace, where opportunities are won and lost in blinks of an eye, having a protected competitive edge more often ... Read more...
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By Nandan Pendsey, Posted:
23rd November 2011 10:31
The last couple of years have witnessed a tremendous growth in IP litigations in India. This may have been prompted by several factors inter alia the enhanced awareness of the importance of intellectual property assets, fierce competition in the marketplace and the high stakes involved and the Courts in India becoming increasingly IP savvy, just to name a few. The year ... Read more...
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By Andrew J. Sherman, Posted:
8th November 2011 09:20
“Knowledge idle in a database is like food in a freezer.
Nothing ever came out in better shape than it went in.”
— ... Read more...
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By Margaret Burke and WuBin Yan from Ella Cheong (Hong Kong & Beijing), Posted:
21st June 2011 11:14
Whatever your motivation for entering the China market, as a technology-oriented company it is important to define your objectives up front, devise your corporate vehicle for doing business in China, and carefully police the use of your inbound intellectual property while ensuring that future IP developed in China is properly protected. While China offers unparalleled opportunit ... Read more...
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