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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
Australia is the first country in the world to have mandatory plain packaging for tobacco products. Tobacco packs in Australia have to be olive green, with 75 percent of the front and 90 percent of the back covered in health warnings and pictures of the effects of tobacco use. The European parliament has proposed similar rules in revisions to the Tobacco Products Directive. 1 November 2013
Jurisdiction reports
On May 25, 2012, the Mexican Senate approved the accession of Mexico to the Madrid Protocol. 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
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
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
The Malaysian position with respect to industrial designs has finally caught up with other international jurisdictions. 1 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
In South Africa there is no substantive examination of the claims of a patent application. Once the required formalities of an application have been met, it proceeds to acceptance, publication and grant. 1 September 2013
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