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Jurisdiction reports
The South African Supreme Court of Appeal (SCA) was tasked during 2012 with adjudicating in appeal proceedings in Cipla Medpro (Pty) Ltd v Aventis Pharma SA, pertaining to South African patent no 1993/8936 registered in the name of Aventis. 1 April 2013
Jurisdiction reports
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
This article does not intend to provide yet another comment on the issue of using community trademarks (CTMs) in one or more countries since the Onel decision has made it clear that use of a CTM is not dependent on national boundaries. 1 April 2013
Jurisdiction reports
The modernisation efforts of the Brazilian Patent and Trademark Office (INPI) have been welcomed by the local IP community. In March 2013, Commissioner Jorge Avila announced further improvements. 1 April 2013
Jurisdiction reports
On February 6, 2013, the State Intellectual Property Office of China (SIPO) published a draft amendment to the Guidelines for Examination, soliciting public comments. 1 April 2013
Jurisdiction reports
Due to an amendment of the Mexican Industrial Property Law in 2010, a power of attorney for representation purposes has not been needed to file a trademark application. 1 April 2013
Jurisdiction reports
Significant changes to both the Canadian Trade-marks Act and the Copyright Act may be coming in the near future. 1 April 2013
Jurisdiction reports
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
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
Designs have the purpose of answering consumer needs, by enhancing the visual, functional and ergonomic aspects of a product, and giving enjoyable, safe and comforting shapes to users. 1 February 2013
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