Jurisdiction Reports
Jurisdiction reports
In Russia, third parties may dispute the validity of a granted patent by filing an opposition with the Patent Disputes Chamber, a department of the Federal Service for Intellectual Property (Rospatent), located in Moscow. The opposition period is not limited, meaning that an opposition can be filed any time after a patent is granted. 14 September 2018
Copyright
In July the Supreme Court of the Netherlands ruled in the case Heksenkaas v Witte Wievenkaas. It concerns a dispute over trademarks for a typical Dutch product: cheese (‘kaas’ in Dutch). 14 September 2018
Jurisdiction reports
On July 1, 2018, the new Swedish Act on the Protection of Trade Secrets entered into force, superseding the previous act from 1990 following harmonisation within the EU. It is aimed at strengthening companies’ competitiveness and improving the conditions for innovation and knowledge-based entrepreneurship. 13 September 2018
Jurisdiction reports
In mid-May 2018, a new draft bill of Taiwan’s Patent Law was published by the Taiwan Intellectual Property Office. 13 September 2018
Jurisdiction reports
In many countries, absolute grounds for trademark refusal covers only the obstacles causing refusal based on the mark’s own features and public interest. Earlier marks are not stated in these grounds. 12 September 2018
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
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