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The new normal? NPE issues in China

China14-08-2019Guanyang Yao

Non-practising entities are a relatively new phenomenon in China, but are likely to make headway in the next few years, says Guanyang Yao of Liu, Shen and Associates.

Injunctions: Paradigm shift for India’s innovators

India13-08-2019Ranjan Narula and Suvarna Pandey

A Delhi court decision has changed the way rights owners should request for preliminary injunction in a patent infringement case, say Ranjan Narula and Suvarna Pandey of RNA.

France jurisdiction report: New law brings grand changement

13-08-2019Aurélia Marie

The French law No. 2019-486 of May 22, 2019 on business growth and transformation, known as the PACTE Law, introduces important changes in the French patent system, including conditions for infringement and invalidity actions for all the industrial property rights.

Germany jurisdiction report: Fun and games with Olympic designations

Germany12-08-2019Christian Buchholz

The Olympic rings and the Olympic Games designations are protected in Germany by their own law. The International Olympic Committee awards the Olympic Games only to countries which guarantee individual legal protection for the Olympic symbols and designations.

India jurisdiction report: AdWords, antitrust and trademark laws

India12-08-2019NV Saisunder and S.Vishaka

The confluence of IP and antitrust laws throws a challenge to trademark owners in the realm of brand protection, and this has often led to a conflict between these two facets of law.

Italy jurisdiction report: Trade secrets meet reverse engineering

Italy09-08-2019Marco Conti

In May 2018 Italy implemented, through law N. 63/2018, the Directive EU 2016/943 of the European Council about trade secret protection.

Netherlands jurisdiction report: Anti-piracy group gets another go

Netherlands09-08-2019Michiel Rijsdijk and Marlies Wiegerinck

This article follows an earlier report on the case between Stichting BREIN, the litigious Dutch anti-piracy organisation, and defendant NSE, a Usenet provider. On April 5, 2019 the Dutch Supreme Court provided its proposed questions to the Court of Justice of the European Union on the concept of ‘communication to the public’.

Taiwan jurisdiction report: Commercial success finally proves sweet

Taiwan08-08-2019Tony Tung-Yang Chang

For years patent practitioners in Taiwan had been looking forward to an IP court decision affirming a patent’s inventive step on the ground of commercial success or any other objective indicia categorised as “auxiliary considerations”. In February they received a heartening response from the IP Court in Wan-Sheng Trade Corp v IP Office, 107 Shing-Zhuan-Su 75, Taiwan IP Court.

US jurisdiction report: Qualcomm’s new antitrust nightmare

08-08-2019Paul Sutton

One would think that the management of Qualcomm celebrated its victory over Apple when, on the first day of the trial in their bitter fight, Apple capitulated and gave up.

Brand value: What is a brand worth?

International07-08-2019Sarah Morgan

Intangible assets can be a company’s most valuable resource, but many businesses struggle to establish their brand’s true value, as WIPR’s Sarah Morgan discovers.

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