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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
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
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 inventive step of an invention always takes centre stage when prosecuting patent applications or enforcing patent rights in Taiwan. 1 November 2013
Jurisdiction reports
On July 1, 2013, the Japan Patent Office revised its Examination Guidelines concerning “requirements for unity of inventions”, “amendment that changes a specific technical feature of an invention”, and the “examination procedure” relating to said unity requirement and ACSTFs. 1 November 2013
Jurisdiction reports
In September, the Brazilian patent and trademark office filed 33 lawsuits seeking to invalidate more than 200 patents owned by about 120 foreign companies, covering important products sold in the country. 1 November 2013
Jurisdiction reports
On September 16, 2013, during parliamentary hearings organised by the Civil, Criminal, Arbitration and Procedural Legislation Committee to discuss the main routes for developing IP legislation, an opinion was expressed that amendments to part four of the Russian Civil Code will be examined in the second reading. 1 November 2013
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