Jurisdiction Reports
Jurisdiction reports
In patent and other types of lawsuits, an equitable defence is permitted where a defendant has a burden of proving that the plaintiff has acted unethically or has acted in bad faith with respect to the subject matter of the complaint. It is sometimes referred to as the ‘unclean hands’ doctrine, where those seeking equity must do equity. A judge has the power to sanction attorneys and parties. 12 September 2018
Copyright
Can an image of a castle belonging to the French public domain be reproduced for commercial use without financial compensation to, or authorisation from, the public institution in charge of the Chambord Estate, in the Loire Valley? 6 August 2018
Jurisdiction reports
On March 18, 2018, important amendments to the Mexican Industrial Property Law were published in the Federal Official Gazette; they will enter into force from August 10, 2018. These changes confirm the implementation of a more effective trademark system in Mexico, adapted to international treaties. 3 August 2018
Jurisdiction reports
There have been many cases in recent European legal history dealing with different instances in which the use of keywords in internet searches has been judged to be trademark infringement. A case in February decided by Germany’s Federal Court of Justice (Supreme Court) highlights another of these cases, on this occasion concerning the German trademark ‘Ortlieb’ (registered for bags and other products). 3 August 2018
Jurisdiction reports
In Decision N. 54470/2016 (September 10, 2017), the Milan Court ruled that if a patent is subject to substantive amendments, that is, amendments introducing new features which are based on the description, the doctrine of equivalents should not apply to those features. This decision appears to be consistent with the practice of the courts in the US. 2 August 2018
Jurisdiction reports
The processes for allowance and grant of patents in Malaysia differ significantly from those in many other jurisdictions. Here are a few pointers that should help clarify the local practice. 1 August 2018
Jurisdiction reports
For a multinational corporation entering the European market, the Netherlands is an attractive IP jurisdiction as its legal system is efficient in both time and costs. IP cases in the Netherlands are handled by courts that have extensive experience in this respect; The Hague Court, which has specialist IP judges, has exclusive jurisdiction in patent cases and an excellent reputation. 31 July 2018
Jurisdiction reports
What would cause the respected management of a major US corporation to authorise litigation that would probably cost the company hundreds of millions of dollars in attorneys’ fees alone? Especially where the litigation involved a fight over something intangible. 31 July 2018
Jurisdiction reports
“Trade secrets” is a broad category. They may encompass technical information (such as technical drawings, pharmaceutical recipes, or chemical formulae) or business information (such as customer lists, or profit calculations). 19 May 2018
Copyright
Brexit discussions between European authorities and the UK have moved forward and the alarmist communication of the European Commission on December 1, 2017, which was countersigned by the European Union Intellectual Property Office, has to be reconsidered in light of the agreement proposed by the Commission and published on February 28, 2018 (European Commission Draft Withdrawal Agreement TF50 [2018] Commission to EU 27, 28 February 2018). 19 May 2018
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