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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
From a legal perspective, what happens in a situation when genuine articles manufactured by the actual manufacturer, such as high pressure vessels or electrical goods, are imported into South Africa, but where the manufacturer’s labels have been removed and replaced with falsified labels which bear fictitious serial numbers, and do not specify the electrical, oil and refrigerant information which is critical to safe and efficient installation and operation of the goods, but which bear the manufacturer’s trademarks? 1 November 2013
Jurisdiction reports
The first instance administrative court had agreed with the nullity action of the trademark, but the second instance changed this verdict because it does not make sense to annul a trademark which is also an appellation of origin, even if it is stipulated in the IP law. 1 November 2013
Jurisdiction reports
Chilean IP practice shows a strong record against trademark piracy. 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 a previous jurisdiction report for Germany (WIPR, March/April 2013) we reported, and criticised, that the German federal administration (before the federal election in September 2013 changed Germany’s political landscape) had planned to change the well established law on the judicial court venue for unfair competition cases. 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
Jurisdiction reports
A foreign patentee launched a patent infringement proceeding against an unauthorised user before the Metropolitan Court. 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
The fashion scene brings more and more fans willing to pay large sums of money to feel and look good about the apparel they wear. 1 November 2013
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