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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
A decision last year ruled that invoking the exercising rights arising from a registration certificate is not always lawful. The Council of Appellate Circuits of the Turkish Court of Appeals awarded damages to a party on the basis of another party registering an industrial design with the TPI in bad faith. 1 February 2014
Jurisdiction reports
The Taiwan Patent Act enforced in 2013 has added design protection for computer-generated graphic images to meet industrial needs and international trends. 1 February 2014
Jurisdiction reports
Chilean IP practice shows a strong record against trademark piracy. 1 November 2013
Jurisdiction reports
Since the entry into force of Law No. 2004-192 of February 27, 2004 on the autonomous status of French Polynesia, French industrial property rights have not covered this territory and have therefore no longer been protected there. 1 November 2013
Jurisdiction reports
On August 30, 2013, the Standing Committee of the National People’s Congress (NPC), China’s top legislature, concluded its session, adopting the third amendment to the Trademark Law that aims to better protect exclusive trademark rights. 1 November 2013
Jurisdiction reports
In WIPR Issue 6 2010, we discussed the new divisional system under Rule 36 EPC, which stipulates a 24-month deadline triggered by the examining division’s first communication in respect of the earliest application for which a communication pursuant to Article 94(3) EPC has been issued, or any other communication from the European Office Patent (EPO) in which the examining division raises a specific non-unity objection under Article 82 EPC for the first time. 1 November 2013
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