December 27, 2020
IPWatchdog
IP Watchdog interviewed several intellectual property practitioners, including Finnegan partner Beth Ferrill, to reflect on the biggest moments in the industry in 2020.
Beth focused on the international changes to design rights:
“The year 2020 was a great year for international design rights modernization. China amended its patent laws for the first time in 12 years, incorporating partial design protection, extending the patent term to 15 years, and allowing infringers to request a post-grant examination from the Chinese patent office. While China has not officially announced plans to join the international Hague Design System, these changes are important steps in that direction. In preparation for Brexit, the United Kingdom set up a system to allow for comparable UK rights for issued EU Community design rights, without the need for most EU rightsholders to re-file for rights in the UK. The EUIPO, which administers EU Community design rights, joined WIPO’s Digital Access Service this year, which will save applicants time and money in perfecting their priority claims to EU design rights. South Korea has added four additional classes to its non-substantive examination process, including food, travel goods, packaging/containers, and adornment, and made treble damages available in cases of intentional or willful infringement. And finally, Japan expanded its term for designs to 25 years and enhanced protection for design variations through a liberalization of its Related Designs system. While these changes do not represent full harmonization of design laws, they recognize the importance of design rights and in many ways will make it easier and more cost efficient for applicants to procure the rights they need to protect their innovative designs.”
Read the full article here.
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