Your IP Valentine: Can Recipes Be Protected by Copyright?

Romantic DiningAccording to the code of ethics of the International Association of Culinary Professionals, a culinary professional must not knowingly “appropriate […] any recipe or other intellectual property belonging to another without the proper recognition.” And, in addition to the ethical, …

European Commission Publishes Revised Guidelines on Criteria for Orphan Designations of Medicinal Products

Infection And Disease ControlOn 18 November 2016, the European Commission published a notice on the application of certain key provisions within Regulation (EC) No. 141/2000 on orphan medicinal products (the “Orphan Regulation”). Orphan medicinal products are medicinal products that are used for the …

Arbitration of Intellectual Property Disputes in Hong Kong

busy Street scene with neon signs in Hong KongIntellectual Property (“IP”) rights are only as strong as the means to enforce them. Arbitration, as a private and confidential procedure, is increasingly being used to resolve disputes involving IP rights, especially when the dispute is between parties located in …

China Tightens Control Over its Growing Online Streaming Industry by Introducing New Regulations

Woman Eating Popcorn Whilst Watching Movie On LaptopOn 12 December 2016, the PRC Ministry of Culture released the Administrative Measures for Business Activities of Online Performances (the “Measures”). The Measures target providers of live performances broadcast or streamed over the Internet or a mobile network (“Streaming Services …

US President Blocks Proposed Chinese Acquisition of German Semiconductor Company on National Security Grounds

Close up on microchip catching with tweezers on circuit board.On 2 December 2016, President Obama issued an administrative order to prohibit the proposed acquisition of a controlling interest in Aixtron SE (Aixtron) by Grand Chip Investment GmbH (GCI), a German company partially owned by Fuijan Grand Chip Investment Fund …

UK Government Signals Preparations to Ratify the UPC Agreement Despite Brexit

BrexitOn 28 November 2016, the UK government issued a press release that, despite the UK’s leave from the EU, commonly known as “Brexit,” it still plans to ratify the Agreement on a Unified Patent Court (“UPC Agreement”) over the coming …

US Federal Trade Commission Wants Marketers of Homeopathic Remedies to Disclose Lack of Scientific Evidence

HomeopathyOn 15 November 2016, the US Federal Trade Commission (“FTC” or the “Commission”) issued an “Enforcement Policy Statement” (“Policy Statement”) to provide guidance about its enforcement policy on marketing claims for over-the-counter (“OTC”) homeopathic remedies. The FTC concluded …

Court of Justice of the EU: The Shape of the Rubik’s Cube Cannot Be Trademarked

Hands playing a cube gameOn 10 November 2016, the Court of Justice of the European Union (CJEU) ruled that a trademark on the shape of the Rubik’s Cube—supposedly the world’s bestselling toy of all time—is invalid (Case C‑30/15 P). With its judgment, …

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