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Jurisdiction Reports

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Jurisdiction reports
Federal patent malpractice cases bounced
On February 20, 2013, the US Supreme Court surprised many members of the US bar by holding in the decision of Gunn v Minton that federal courts do not have exclusive subject matter jurisdiction over claims asserting patent malpractice.   1 April 2013
Jurisdiction reports
New avenues for trademark protection
Peruvian law provides two ways to obtain protection against the misuse of registered trademarks.   1 April 2013
Jurisdiction reports
Trademark damages in Turkey
In Turkish trademark law, it is a general rule that the effect of a trademark cancellation (invalidation) takes effect retrospectively.   1 April 2013
Jurisdiction reports
Registrar's evidence must be heard before a trademark is expunged
In the case of Ho Tack Sien & Ors v Rotta Research Laboratorium SpA & Anor, the respondent manufactured a drug called Viartril-S (glucosamine sulphate) used in the treatment of osteoarthritis.   1 April 2013
Jurisdiction reports
Divisionals as prior art
The European Patent Convention (EPC) gives an applicant the possibility of dividing a pending European application by filing one or more divisional applications, which can be divided further.   1 April 2013
Jurisdiction reports
Scope of protection of community designs: the Kinderwagen II case
Germany’s Federal Supreme Court currently hands down an unusually high number of decisions dealing with matters of design law, well above the average handed down since the new German Designs Act and the CDR took effect in 2004 and 2003, respectively.   1 February 2013
Jurisdiction reports
Lingerie and sunglasses: how do we wear them?
HIPO held in an opposition proceeding last year that: “Chantelle luxury women’s lingerie has a good reputation in the relevant part of the EU, especially in France, Germany and Spain, and therefore deserves broader trademark protection.”   1 February 2013
Jurisdiction reports
Patent term extension explained
The new Patent Act came into effect on January 1, 2013. The new act contains some amendments to regulations governing patent term extension.   1 February 2013
Jurisdiction reports
When trademark protection is not enough
There comes a time when trademark registrations are not enough to protect a company from infringement.   1 February 2013
Jurisdiction reports
Ten years of the linkage system
The linkage system is defined as an exchange information system between the COFEPRIS, the entity responsible for the granting of health registrations for drugs, and the IMPI, the one responsible for granting a patent right to a product.   1 February 2013

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