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Mexico jurisdiction report: Further hope for non-traditional marks

Mexico22-11-2017Stefi Leunig

The current Mexican IP legislation covers the following trademark types: word marks, design (figurative) marks, 3D marks, and composite marks (mix of any of the types of marks).

China jurisdiction report: The golden age of patent wars

China22-11-2017Hui Wang and Xu Li

Once upon a time, ‘patent’ was an unfamiliar word to the Chinese people, and a patent war was an alien concept. However, with millions of patent applications and trademark registrations having been filed year after year in China, a patent war has become another method of commercial competition in this country.

France jurisdiction report: Many names, one owner

France21-11-2017Aurélia Marie

Extra-judicial proceedings can be initiated by a trademark owner against an alleged domain name registered fraudulently, to obtain its withdrawal or transfer through a decision rendered by one or several panellists.

IP Summit 2017 conference preview: How to secure your IP future

EU, International21-11-2017

Speakers from Microsoft, Cisco and the European Commission make up a distinguished line-up at the IP Summit 2017, which will be held on December 7 and 8 in Brussels, as WIPR finds out

US jurisdiction report: Patent clash of the titans continues

US21-11-2017Paul J Sutton

Apple must have celebrated for days after a federal court jury on November 6, 2012 awarded it nearly $400 million in damages against its arch enemy Samsung in the ongoing smartphone wars.

Brazil jurisdiction report: Can the patent backlog be beaten?

Brazil03-11-2017Maria Alice Calliari and Vinícius Loureiro Casciano

The Brazilian Patent and Trademark Office has built up a tremendous patent backlog that is hampering the functioning of the patent system. Recent official data shows that a patent application would take 11 years before reaching a final decision. The prospect is bleak: IT inventions may take more than 14 years to get examined. In a rapidly changing field such as this, protracted examination renders most patents unusable.

Chile jurisdiction report: When food labelling and trademarks collide

Chile03-11-2017Andrés Grunewaldt and Luis Felipe Opazo

The high rates of obesity among children in Chile is a problem that the health authorities have tried to tackle through different measures during the last few years. One of the most relevant actions was the modification of the food labelling regulation. Andrés Grunewaldt and Luis Felipe Opazo of Silva report.

Malaysia jurisdiction report: The tale of the tiger stripes

Malaysia01-11-2017Kelvin Ganesan

One of the requirements for a trademark to be registered in Malaysia is that the mark or device has to be used ‘in the course of trade’. A clarification of this definition was raised in the case of Mesuma Sports v Majlis Sukan Negara (2015). Kelvin Ganesan of Henry Goh reports.

US jurisdiction report: The benefits of the provisional patent application

US01-11-2017

With the enactment of the America Invents Act (AIA), signed into law on September 16, 2011 and effective as of March 16, 2013, there are radically new criteria governing who will be awarded a US patent, writes Paul Sutton of Sutton Magidoff.

Alive and well: the doctrine of equivalents in the US

US01-11-2017John Pegram

Decisions restating the doctrine of equivalents by English and German courts within the past year, especially in the Eli Lilly v Actavis litigations, suggest a review of how the DOE is applied in the US, writes John Pegram of Fish & Richardson.

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