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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
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
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
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
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
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
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
On August 3, President Obama’s administration did the unexpected. A Samsung legal victory was destroyed by the administration’s vetoing of a US International Trade Commission ban on the import and sale of a number of Apple’s iPhones and iPads. 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
Partly with a focus on becoming a World Trade Organization (WTO) member, Russia has been actively reforming its patent laws and regulations during the past decade. 1 September 2013
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