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Jurisdiction reports
The first instance administrative court had agreed with the nullity action of the trademark, but the second instance changed this verdict because it does not make sense to annul a trademark which is also an appellation of origin, even if it is stipulated in the IP law. 1 November 2013
Jurisdiction reports
On August 30, 2013, the Standing Committee of the National People’s Congress (NPC), China’s top legislature, concluded its session, adopting the third amendment to the Trademark Law that aims to better protect exclusive trademark rights. 1 November 2013
Jurisdiction reports
Chilean IP practice shows a strong record against trademark piracy. 1 November 2013
Jurisdiction reports
In a previous jurisdiction report for Germany (WIPR, March/April 2013) we reported, and criticised, that the German federal administration (before the federal election in September 2013 changed Germany’s political landscape) had planned to change the well established law on the judicial court venue for unfair competition cases. 1 November 2013
Jurisdiction reports
In WIPR Issue 6 2010, we discussed the new divisional system under Rule 36 EPC, which stipulates a 24-month deadline triggered by the examining division’s first communication in respect of the earliest application for which a communication pursuant to Article 94(3) EPC has been issued, or any other communication from the European Office Patent (EPO) in which the examining division raises a specific non-unity objection under Article 82 EPC for the first time. 1 November 2013
Jurisdiction reports
In September, the Brazilian patent and trademark office filed 33 lawsuits seeking to invalidate more than 200 patents owned by about 120 foreign companies, covering important products sold in the country. 1 November 2013
Jurisdiction reports
Even though Turkey is a party to international conventions and has harmonised its trademark laws with those of the EU, there are certain aspects and practices distinctive to Turkish trademark law. 2 September 2013
Jurisdiction reports
In Germany, as in many other European jurisdictions, claimants may not only rely on registered design rights in order to attack pirated or otherwise copied products. 1 September 2013
Jurisdiction reports
The regulation of the European Parliament and of the Council no. 608/2013/EU governing anti-counterfeiting action by customs authorities was published on June 29, 2013, repealing Regulation 1383/2003/EC. 1 September 2013
Jurisdiction reports
It is an obligation of trademark holders to use their trademarks as they were granted by the Mexican Institute of Industrial Property or with slight modifications that do not alter their distinctive character, in order not to be subject to a cancellation action grounded in non-use. 1 September 2013
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