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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
Even though Turkey is a party to international conventions and has harmonised its trademark laws with those of the EU, there are certain aspects and practices distinctive to Turkish trademark law. 2 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
Jurisdiction reports
The Malaysian position with respect to industrial designs has finally caught up with other international jurisdictions. 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
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