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The treatment of trade secrets and undisclosed know-how

Netherlands11-09-2017Michiel Rijsdijk

The scope of protection of undisclosed know-how in the Netherlands has been illustrated in a legal dispute concerning aeroplane inspection pits .

Mexico jurisdiction report: providing evidence in invalidity actions

Mexico11-09-2017Joaquín Esquivel

One year has passed since the Mexican Federal Circuit courts issued a rule that generated a substantial change in the Mexican trademark litigation system. This change impacts negatively on IP litigation practice as it limits the legal actions outlined in the Mexican Industrial Property Law and removes the invalidity action that could be invoked against a trademark registration granted on the basis of false data contained in its application.

Life after Tam: the impact on dilution

US08-09-2017

The US Supreme Court’s ruling in Matal v Tam may have consequences for trademarks of a scandalous nature, and there may also be implications for the area of tarnishment, says Roberta Jacobs-Meadway of Eckert Seamans.

Clearing the medical use fog

Malaysia07-09-2017Oon Yen Yen

There have been very few tests of first or second medical use claims before a Malaysian court. There is still no significant limited local legal precedent established in respect of the validity and scope of such claims. Given the history and recent trend of patent litigation in Malaysia, we believe that the IP High Court will be guided by European and UK case law when a substantial case is finally litigated in Malaysia.

Fame is no protection for ‘Lambretta’

Italy07-09-2017Andrea Cappai

Seventy years have passed since the first Lambretta motorcycle was manufactured in Lambrate, a northeastern district of Milan that owes its name to the Lambro River in the area.

France jurisdiction report: The application of lis pendens

France07-09-2017Aurélia Marie

Infringement actions based on European Union trademarks (EUTMs) are handled by courts designated by each member state as having exclusive jurisdiction to hear them. 

IPR: all eyes on the US Supreme Court

US07-09-2017

Patent owners are hoping the US Supreme Court will rule that the inter partes review is unconstitutional, as Christa Brown-Sanford and Bethany Ford of Baker Botts report.

Conference preview: Europol Intellectual Property Crime Conference

International06-09-2017IACC

The Europol Intellectual Property Crime Conference on Innovative Strategies for Effective Enforcement, to be held in Antwerp on September 19 and 20, will tackle a range of counterfeiting issues from around the world. The International AntiCounterfeiting Coalition reports.

China jurisdiction report: stitching up damages over sewing machines

China05-09-2017Xu Li

On June 30, 2017, the Shanghai Intellectual Property Court released a brief report on a first instance decision on an infringement litigation case with regard to an industrial sewing machine patent in which a Chinese company (defendant) was ordered to pay RMB 5.5 million ($810,000) damages to the plaintiff Brother Industries.

Paths through the patenting forest

Brazil05-09-2017Gustavo Sartori and Breno Akherman

There are four crucial points to be aware of when navigating Brazil’s IP system, say Gustavo Sartori and Breno Akherman of Daniel IP & Legal Strategy.

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