Jurisdiction Reports
Jurisdiction reports
Each year, a number of brand indexes are published in Sweden, for the benefit of trademark owners and customers. The ranking results, however, depend considerably on the basis for the investigations, the questions and what the survey wants to show. 19 February 2018
Jurisdiction reports
The subject of director liability seems at first sight to be restricted to company law. Case law shows that it can be rewarding to apply director liability to trademark infringement cases as well. The District Court in The Hague (June 27, 2017, in the case of Tommy Hilfiger) has given pointers on how to establish liability of directors in case of trademark infringement. 19 February 2018
Jurisdiction reports
The Federal Law on the Protection of Personal Data in Possession of Third Parties 2010 sets a legal framework in which any third party that holds or intends to collect personal data must notify the intended use of that information to its owner. 19 February 2018
Jurisdiction reports
What are parallel imports? The court in Tien Ying Hong Enterprise v Beenion (2010) stated that parallel imports refer to goods which are lawfully manufactured overseas but imported and distributed in Malaysia by a person other than the registered proprietor of the trademark. Parallel imports are non-counterfeit goods which originate from the trademark proprietor. 15 February 2018
Jurisdiction reports
In the past, Chinese entities often copied brands owned by Japanese companies, but recently Chinese companies have had to take legal action in response to the illegal use of their brands by Japanese entities. 15 February 2018
Jurisdiction reports
In 2017, the Italian legislator approved the so-called ‘Jobs Act for Self-Employed Workers’, to shed some light on the ownership of patent rights when an R&D activity is outsourced. 15 February 2018
Jurisdiction reports
The rules on exhaustion of patent rights allow a patented product which has been brought onto the market with the consent of the patent owner to be used by the buyer. 15 February 2018
Jurisdiction reports
Since the vote in favour of Brexit on June 24, 2016 and the official implementation of article 50 of the Lisbon Treaty on March 29, 2017 by the UK, triggering the process of its exit from the EU, negotiations have begun with the European Commission. 13 February 2018
Jurisdiction reports
In recent years, the mobile app market has become a major battleground in the area of smartphones. App stores are the competitive focus among all the phone manufacturers and third party downloadable service providers. However, there has not been any concrete regulation on app market competition, thus causing many disputes between the various interested parties, some of which have brought cases before the courts. 13 February 2018
Jurisdiction reports
In Germany, claims for passing off may be successfully asserted where the original product concerned consists of technical and design features and the technical features contribute to the product’s “originality”. 27 November 2017
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