IP topics

The "World Intangible Investment Highlights" report by WIPO and Luiss for 2024 reveals a significant surge in global investments in intangible assets, primarily driven by advancements in software and artificial intelligence. The United States dominates the rankings, investing nearly double compared to France, Germany, Japan, and the United Kingdom. Sweden leads in investment intensity at 16% of GDP, while India and Brazil follow at 10% and 8.5%, respectively. Overall, intangible investments reached $7.6 trillion in 2024, reflecting a 3% increase from the previous year. The report emphasizes the transformative impact of AI on investment dynamics, particularly in infrastructure and business restructuring.

In a significant legal triumph for Allergan, a federal jury in Delaware awarded the company $56 million in damages, determining that Revance Therapeutics’ Daxxify, a competing botulinum toxin product, infringed on several of Allergan's patents associated with Botox. This ruling concludes a legal dispute that commenced in 2021, wherein Allergan accused Revance of violating its patents concerning formulations and manufacturing processes. The jury dismissed Revance's claims of patent obviousness and upheld the validity of three specific patents. Additionally, Allergan is pursuing separate legal action against Revance for trade secret misappropriation, underscoring the intense stakes in pharmaceutical intellectual property disputes.

Enhancing the national landscape of intellectual property crime intelligence will enable law enforcement agencies to strategically allocate their resources to areas of greatest necessity. By refining the understanding of IP-related offenses, authorities can better identify trends and patterns, thereby optimizing their operational effectiveness. This proactive approach not only bolsters the overall enforcement framework but also ensures that interventions are timely and impactful, ultimately fostering a more robust defense against intellectual property infringements. As a result, police forces can concentrate their efforts on critical hotspots, leading to improved outcomes in combating IP crime across the nation.

Affirmances under Section 2(d) are consistently around 90% this year. On August 8, 2025, three appeals were adjudicated, all resulting in refusals based on potential confusion with existing trademarks. In the case of In re Lemon Inc., the mark CRYSTAL OF ATLAN was denied registration due to its similarity to HEROES OF ATLAN, both related to computer game software. Similarly, In re Clinical Support Systems Inc. faced a refusal for its mark concerning online health information software, conflicting with a registered mark for professional-client interaction services. Lastly, In re Coventya's FINIGARD was rejected due to its resemblance to INFINIGUARD, which pertains to anti-corrosion coatings.

The existing jurisprudence surrounding the Aladin case and the principle of partial use has primarily focused on determining the legitimate usage of a trademark by providing evidence pertinent to specific goods or services under a broader classification. However, a recent ruling by the General Court (T-144/24) has expanded the application of this legal framework to encompass terms spanning different classes. In this context, the judges have significantly broadened the interpretation of trade mark usage, illuminating the complexities involved when assessing trademarks that may not fit neatly within traditional categorizations, thus enhancing the legal landscape for trademark enforcement and protection.

The U.S. Patent and Trademark Office (USPTO) has revoked over 52,000 trademark applications and registrations due to extensive fraudulent activities perpetrated by a foreign filing entity. The sanctions impose several administrative measures: Respondents are barred from submitting trademark-related documents, all submissions by them will be disregarded, and their USPTO accounts will be deactivated. Additionally, any financial transactions linked to these fraudulent submissions will be blocked. The firm engaged in deceptive practices, including misusing U.S. attorneys' credentials and submitting counterfeit documents. By eliminating these fraudulent records, the USPTO aims to maintain the integrity of the trademark register, ensuring it accurately reflects legitimate commerce.

In a recent ruling by the Australian Trade Marks Office, Karen Walker Limited successfully challenged the registration of the mark ‘Runaway the Label’ for clothing and online retail services. The Delegate determined that the marks ‘RUNAWAY’ and ‘Runaway the Label’ exhibited deceptive similarity, primarily due to the prominence of the word ‘RUNAWAY,’ which evokes themes of escapism and independence. Although the Applicants, Premonition Designs Pty Ltd and Mamta Group Pty Ltd, claimed to have used the mark since 2014, their evidence did not substantiate an ‘honest concurrent use’ defense. This case underscores the importance of conducting thorough trademark searches prior to adopting new brand names.

The World Intellectual Property Organization (WIPO) has initiated a comprehensive three-year strategy aimed at examining standard essential patents (SEPs). To advance this significant initiative, WIPO will conduct a complimentary SEP symposium in Geneva on September 18-19, which will also be accessible via live streaming. This gathering is intended to unite the SEP community for an engaging dialogue on intellectual property, serving as the foundation for a recent episode of the IPWatchdog Unleashed podcast. In a discussion with András Jókúti, WIPO’s Director of the Patent and Technology Law Division, insights were shared regarding the organization’s strategies, existing challenges, and the pressing need for enhanced transparency within this intricate field.

On August 8, U.S. Secretary of Commerce Howard Lutnick addressed Harvard University President Alan Garber in a letter, indicating the government's intent to assert its rights over the university’s patents. Lutnick accused Harvard of neglecting its responsibilities to the American taxpayer and violating the statutory, regulatory, and contractual obligations associated with its federally funded research initiatives and the intellectual property derived from them, particularly patents. Consequently, the Department of Commerce will commence a thorough examination of Harvard's adherence, or lack thereof, to the compliance requirements for its federally supported research programs.

Following BioNTech's proposal to acquire its German rival CureVac, a resolution to their patent conflict appeared imminent. Recently, CureVac, BioNTech, and its partner Pfizer disclosed that they would conclude their patent litigation in the U.S. contingent upon the acquisition's completion, thereby ending all related proceedings regarding mRNA vaccines. Initially, the dispute arose when CureVac sued BioNTech over patents in Germany in 2022, prompting counterclaims from BioNTech and Pfizer in the U.S. BioNTech will compensate GSK and CureVac financially while GSK continues its separate litigation against BioNTech and Pfizer in both the U.S. and Europe. The evolving landscape of mRNA patent litigation is centered in The Hague, with multiple lawsuits filed against major players in the industry.