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Jurisdiction reports
There is a surprising failure to appreciate the value and importance of US ‘freedom-to-operate’ (FTO) opinions, which determine whether commercialising a product will infringe others’ valid intellectual property rights. 1 February 2014
Jurisdiction reports
The Brazilian IP community has great expectations for 2014, despite distracting events: a carnival in March, the FIFA World Cup in June and elections in October. 1 February 2014
Jurisdiction reports
A landmark decision of the Supreme Court of Canada has been released which will serve as an important precedent in many fundamental areas of Canadian copyright law, including the test for determining if a “substantial part” of a work has been copied, assessment of damages, use of experts in a copyright context and the vicarious liability of directors for infringement. 1 February 2014
Jurisdiction reports
Deere & Company is a registrant of a colour combination mark in China in respect of tractors, harvesting machines and related goods. 1 February 2014
Jurisdiction reports
On September 16, 2013, during parliamentary hearings organised by the Civil, Criminal, Arbitration and Procedural Legislation Committee to discuss the main routes for developing IP legislation, an opinion was expressed that amendments to part four of the Russian Civil Code will be examined in the second reading. 1 November 2013
Jurisdiction reports
It is not unusual for several companies within an industry to be named as co-defendants within a patent infringement lawsuit. 1 November 2013
Jurisdiction reports
In an era where every transaction can take place through the Internet, trademark holders would like to immediately prevent each and every illegal use in the blink of an eye. 1 November 2013
Jurisdiction reports
From a legal perspective, what happens in a situation when genuine articles manufactured by the actual manufacturer, such as high pressure vessels or electrical goods, are imported into South Africa, but where the manufacturer’s labels have been removed and replaced with falsified labels which bear fictitious serial numbers, and do not specify the electrical, oil and refrigerant information which is critical to safe and efficient installation and operation of the goods, but which bear the manufacturer’s trademarks? 1 November 2013
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
Australia is the first country in the world to have mandatory plain packaging for tobacco products. Tobacco packs in Australia have to be olive green, with 75 percent of the front and 90 percent of the back covered in health warnings and pictures of the effects of tobacco use. The European parliament has proposed similar rules in revisions to the Tobacco Products Directive. 1 November 2013
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