Cross-jurisdictional guide to IP laws

This online resource answers frequently asked questions on legal issues relating to patent, trademarks, design and copyright law in jurisdictions across the Hogan Lovells IP network.

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Copyrights

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Select all Copyright Protection Overview What are the works that can be protected? Will the work be protected in other countries? What are the requirements for copyright protection? What are the author's rights under the national law? How do you assign copyrights / author rights? How do you license copyrights?

Design Prosecution

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Select all Design Prosecution Overview What is a design? What does a design protect? What protection is granted? Who can request design protection? What is the term of protection? Does prior disclosure of a design destroy its novelty? Are unregistered designs protected? Where do you file a design application? Guidance on illustrations? What are the requirements for filing? Are multiple applications possible? What will happen after an application is submitted? Where is protection granted? Can publication of the design be deferred? How long does the application process take? Who can object to the application? Are there any use requirements for a registered design? Who can object to a design patent?

Europe Patent term extensions and supplementary protection certificates for pharmaceutical products

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Select all Europe Patent term extensions and supplementary protection certificates for pharmaceutical products overview What is an SPC / PTE? Why do they exist? What is the Legislative Regime? What is the relationship between the Product and the Patent? What sort of products can you get an SPC/PTE for? What is the relationship between the Product and the marketing authorisation('MA')? How many SPCs/PTEs can be granted? How long does an SPC/PTE last for? Who assesses/grants SPCs/PTEs? What is the procedure/level of assessment? When is an SPC/PTE infringed? Who can obtain an SPC/PTE? Can SPCs/PTEs lapse or be invalidated? When should an application for an SPC or SPC extension/PTE be made? What about new EU member states? What about EEA states not in the EU (Norway, Iceland, Liechtenstein)?

Preliminary Injunctions

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Select all Preliminary Injunctions Overview What is a preliminary injunction? What can preliminary injunctions be obtained for? What are the requirements/proceedings for filing a request for a preliminary injunction claim? Do you have to contact the defendant before filing a request for injunction? What does prima facie evidence mean and what evidence can be submitted? What does the claimant have to show with regard to the entitlement to the claim? Which court has jurisdiction to grant an injunction? What are the proceedings when requesting a preliminary injunction? What does the urgency requirement entail? Will the other side get informed if a preliminary injunction request is denied? How can a preliminary injunction decision be appealed? What are the proceedings after the preliminary injunction has been issued? Is a preliminary injunction a final decision? What are the differences between final and preliminary injunctions? Can local preliminary injunctions be enforced in other countries? What are the consequences for infringing a preliminary injunction? Can protective briefs be submitted? What is a 'final declaration' with regards to preliminary injunctions?

Trademark Invalidity

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Select all Trademark Invalidity Overview What is invalidation? What are the grounds on which invalidity of a trademark registration can be declared? What are absolute grounds? What are relative grounds? Partial invalidation? When should the invalidation be filed? Who can file an invalidation action against a registered mark? Where do you file an invalidation application? How will the invalidation filed be processed? What is the invalidation procedure? Do you need to do anything prior to filing? Formality requirements What is the effect of the invalidation? How long do invalidation proceedings usually take? How can you limit the list of goods/services to overcome the invalidation? How can you surrender a registration in full? What remedies are available to the trademark holder with respect to the CNIPAs ex officio invalidation? What are the defenses to an invalidation application? Can the decision be appealed? China: What are the rights of the parties in the TRAB's examination of invalidation or review of opposition, cancellation or invalidation? Hong Kong: What are the rights of the parties in the appeal of opposition, revocation or invalidation? Hong Kong: What are the registered proprietor's rights to defend?

Trademark Opposition

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Select all Trademark Opposition Overview What is the opposition procedure and how long does it take? Who can file an opposition action/on which grounds? Where and when should the opposition be filed? What are the grounds that may warrant a prior rights owner or interested partys opposition Types of earlier rights Admissibility requirements for filing an opposition Formality requirements for filing an opposition Proof of use in opposition proceedings What rights does an Applicant have to defend against the opposition? Groundless threats actions How can you limit the list of goods services to overcome the opposition? What is the effect of opposition proceedings How are costs awarded in opposition proceedings? Can the decision be appealed?

Trademark Revocation

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Select all Trademark Revocation Overview What is revocation? Who can file a revocation action against a registered trademark? Who can file a cancellation action against a registered mark and when? On what grounds may a revocation be based? What are the requirements for filing cancellation? What are the requirements for filing revocation? Partial revocation What are the registered proprietors rights to defend? What are the defenses to a revocation application? When should the revocation be filed How will the cancellation be processed? Who can file revocation applications? Where do you file a revocation application? How will the revocation be processed before the Registrar? What is the effect of the cancellation? What is the effect of the revocation? Do you need to do anything prior to filing? Formality requirements What is the revocation procedure? How long do revocation proceedings usually take? Can the decision be appealed? What is the effect of a successful revocation?

Unfair Competition

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Design Invalidity

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Select all Design Invalidity Overview On which grounds can you challenge a design? Where do you challenge the validity of a design? What are the grounds for invalidity? What are the grounds for revocation? What is the effect of revocation? What are the requirements for an invalidity action? Who can request a declaration of invalidity? What are the most common grounds for invalidity? How is a revocation action begun? Who may challenge the validity of a design? What needs to be proven to establish a lack of novelty or individual character? Where is a challenge brought? Which are the most common grounds invoked for revocation? How does a revocation procedure come to an end? Can a decision be appealed? How does an invalidity procedure come to an end? What is the effect of a declaration of invalidity EU: Is it possible for an invalidity applicant to file a new application for invalidity with EUIPO against the same EUD, if the first one is refused? Hong Kong: Who can challenge a Hong Kong design and where? UK: What is the procedure for challenging validity at the UK-IPO?

Patent Litigation

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Select all Patent Litigation Overview Are there any restrictions on pre-action correspondence? What is the legislative regime? How do courts approach claim construction? European Patent - participating countries How do courts approach obviousness? How do courts approach inventive step? How can evidence be obtained? How is the case presented at trial? What remedies are available? Expert opinions China What is the relationship between court and PRB proceedings? EU: How do courts deal with concurrent proceedings at the EPO? Mexico: What is the relationship between court proceedings and proceedings before the Mexican Institute of Industrial Property?

The Unified Patent Court

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Anti-counterfeiting: Customs watch applications

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Select all Anti-counterfeiting: Customs watch applications overview How do you register a customs watch application? Are there any fees or local procedural requirements? What documentation is required or recommended? Is a local agent required? If so, is a power of attorney required? How long does it take and what is the term of protection? If filing on behalf of a subsidiary of the IP rights holder what evidence of connection to the parent company is required? What level of understanding of IP rights is available from customs? Are additional procedures or training required? When customs report on a finding how long does the rights holder have to respond and what steps are required to ensure non-release of counterfeit goods? Is Customs protection available if the IPR owner does not register a customs watch application?

Trademark Litigation

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Select all Trademark Litigation Overview How do you bring a local trademark action? When can you bring TTAB Cancellation Proceedings? What are the procedural options? What are the procedures for obtaining and presenting evidence? What are the procedures for court hearings and judgments? What is the procedure for presenting the case at trial? What is the approach for trademark dilution? What is the approach for trademark infringement? What rules govern the use of experts and surveys? What are the available remedies? Poland Proof of reputation before Polish courts

Trademark Prosecution

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Select all Trademark Prosecution Overview Basis of trademark protection Are there any use requirements? How long does the application process take Where do you file an application? What are the requirements for filing What is the term of protection? Where is protection granted Who can object to the application?

US Trademark Audits

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Select all What is a trademark audit? How do you initiate an internal trademark audit? How do you conduct a review of each trademark How do you determine which marks are most important to your business? Once an internal audit is complete how should a brand owner use the results

IP Transactions and Ownership

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Select all Law on employees invention overview Is the employee obliged to notify the employer of an invention When does the law on employees inventions apply Which duties do employers have in relation to employee inventions? Who becomes owner of employee inventions? Is the employee inventor entitled to additional remuneration? How is the remuneration calculated? Are contractual agreements possible? Procedural issues Reform of current system Spain: Procedural issues: specific settlement procedure

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