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Jurisdiction reports
In Germany, as in many other European jurisdictions, claimants may not only rely on registered design rights in order to attack pirated or otherwise copied products. 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
Jurisdiction reports
The most significant revision of Belgian patent law since the 1984 Patent Act was approved by the Belgian legislator on January 10, 2011. 1 September 2013
Jurisdiction reports
In resolving conflicts of marks in inter partes cases or infringement cases which necessarily involve the determination of whether the marks involved are confusingly similar, courts are consistent on only one point: each case is unique and must be decided based on the circumstances peculiar to it. 1 September 2013
Jurisdiction reports
The Federal Court has confirmed that professional designations may function as certification marks, provided the professional designation meets the criteria for certification marks set out in the Trade-marks Act. 1 September 2013
Jurisdiction reports
When it comes to well-known marks and unfair competition, the statute of limitations is a controversial issue. 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
The regulation of the European Parliament and of the Council no. 608/2013/EU governing anti-counterfeiting action by customs authorities was published on June 29, 2013, repealing Regulation 1383/2003/EC. 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 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
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