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Jurisdiction reports
The history of comparative advertising dates back to the beginning of commerce itself. It has always been normal for a trader to attempt to enjoy pecuniary benefits by drawing a comparison between the qualities of his products/services and a competitor’s. 1 September 2013
Jurisdiction reports
The requirement of genuine use is assessed strictly in both national and European trademark practice. Use without registration can also provide certain rights to the users. 1 September 2013
Jurisdiction reports
The local system for protecting IP rights in Korea will be subject to change as a result of revisions to the Patent Act, Trademark Act, and Design Act, which have been promulgated. 1 September 2013
Jurisdiction reports
According to Article 83 of the European Patent Convention an invention must be disclosed in a patent application in a manner sufficiently clear and complete for it to be carried out by a person skilled in the art. 1 September 2013
Jurisdiction reports
Historically, the UK has taken a relatively narrow approach to the implementation of the governing EU Directives on statutory copyright exemptions. 1 September 2013
Jurisdiction reports
The Brazilian government has been attacking the intellectual protection afforded by the WTO TRIPS Agreement to the research-based pharmaceutical industry. 1 September 2013
Jurisdiction reports
The American sports equipment company, Icon Health & Fitness won a declaratory judgment on entitlement to a utility model patent application for a multi-function body training apparatus at the second instance of the IP court. 1 September 2013
Jurisdiction reports
In South Africa there is no substantive examination of the claims of a patent application. Once the required formalities of an application have been met, it proceeds to acceptance, publication and grant. 1 September 2013
Jurisdiction reports
On July 2, 2013, Shanghai No. 1 Intermediate People’s Court held a public hearing of a patent infringement case in which Zhizhen Technology Inc of Shanghai sued Apple Inc and Apple Computer Trading (Shanghai) Co Ltd. 1 September 2013
Jurisdiction reports
Actively dealing with infringement is vital when dealing with IP. There should be actual rights to enforce. Indiscriminate claims purporting infringement of a patent or other IP rights are prohibited. 1 September 2013
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