Jurisdiction Reports
Jurisdiction reports
Indian trademark law follows the “first-to-use” principle. Accordingly, the right of a prior user of a trademark is recognised to be superior to that of a registered proprietor. Even registered proprietors cannot interfere with the rights of an unregistered prior user. This has been re-asserted by Indian courts in several judgments over time. 17 September 2019
Jurisdiction reports
In a decision issued on July 3, 2019, the Court of Milan ordered Amazon to refrain from “marketing, offering for sale, promoting or advertising in Italy” the products of French fashion brand Sisley, well-known for the production of innovative and high-quality cosmetics. 16 September 2019
Copyright
Virtual reality and augmented reality are perfect tools to get a quick impression of, for example, a building or machine. You just need software whereby you can create a 3D model of the building or machine in question. Many software developers therefore venture to develop and exploit 3D modelling software. 16 September 2019
Jurisdiction reports
If you mention Sweden, most people probably think of ABBA. However, not many people may know that the trademark was not originally created by the famous pop group, but in fact dates back to 1906. 16 September 2019
Jurisdiction reports
It is essential that patent and IP attorneys routinely monitor and keep abreast of decisions handed down by the various federal courts in order for them to be effective in their work. 16 September 2019
Jurisdiction reports
For years patent practitioners in Taiwan had been looking forward to an IP court decision affirming a patent’s inventive step on the ground of commercial success or any other objective indicia categorised as “auxiliary considerations”. In February they received a heartening response from the IP Court in Wan-Sheng Trade Corp v IP Office, 107 Shing-Zhuan-Su 75, Taiwan IP Court. 8 August 2019
Copyright
The Directive of the European Parliament and of the Council on Copyright in the Digital Single Market was adopted on March 26, 2019 by the European Parliament. It provides general rules for the protection and the conditions of use of works protected by copyright in the fields of research, education and the conservation of cultural heritage. 24 May 2019
Copyright
German law provides protection for titles of works—book titles, song titles, film titles, theatre titles or titles of comparable works—irrespective of the requirements of trademark or copyright protection. 24 May 2019
Jurisdiction reports
Infringement of trademarks takes various forms such as counterfeits and cybersquatting. Another way of infringement is when a corporate name is identical with or too nearly resembles another trademark. 24 May 2019
Jurisdiction reports
On March 08, 2019, the Legislative Decree No. 15 issued on February 20 was published in the Official Gazette of the Italian Republic. 23 May 2019
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