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Italy jurisdiction report: A new step in the harmonisation of Italy’s IP rules

Italy06-12-2021Mauro Bronzini

The recent Decree No. 119 promulgated by the Ministry of Economic Development on June 1, 2021, and entered into force on September 9, 2021, amends the Implementing Regulation of the Industrial Property Code, and represents a progress in the harmonisation of the national legal system after the EU Directive No. 2015/2436 and a subsequent Legislative Decree of 2019.

Russia: A new way to protect designs

EU, Russia28-11-2021Irmeli Nokkanen and Mariya Beltyukova

The Eurasian Patent Office started accepting Eurasian design patent applications in June this year, adding another route for applicants seeking protection in the region, explain Irmeli Nokkanen and Mariya Beltyukova of Papula-Nevinpat.

The Netherlands: Forum shopping 2.0

Netherlands16-11-2021Michiel Rijsdijk and Robin Keyner

The plaintiff, Hanwha Solutions Corporation is part of the Hanwha Group. The Hanwha Group is a South Korean conglomerate active in, inter alia, solar energy. Hanwha is specialised in the development, production and sale of solar panels.

US: To patent, or not to patent?

12-11-2021Paul J Sutton

The title of this article, intentionally borrows from the opening phrase given by Prince Hamlet in William Shakespeare’s play “Hamlet”: “To be, or not to be”.

Australia: Is there an Australian rocket docket for pharma?

Australia10-11-2021Naomi Pearce and Katrina Crooks

Australian Federal Court judges are prepared to expedite patent disputes when they are satisfied that the commercial reality requires it, and to use case management strategies to avoid foreseeable litigation quagmires. While there is no “rocket docket” in Australia, we have seen complex pharma patent disputes set down for hearing within five, ten and 11 months of filing in the New South Wales and Victorian registries.

Africa: challenges of the Madrid System

Africa19-10-2021Jenny Pienaar and Kareema Shaik

The international registration system counts many African states as members but its use is patchy, explains Jenny Pienaar and Kareema Shaik of Adams & Adams Attorneys.

The Netherlands: pressure point

18-10-2021Robin Keyner

A dispute involving “Kärcher yellow” has clarified the situation for prospective colour marks, explains Robin Keyner of Arnold & Siedsma.

India: A new era of IP litigation in India

India05-10-2021DPS Parmar

While there was no immediate need to abolish a well-established and functional institution such as India’s Intellectual Property Appellate Board, the global trend favours the centralised handling of certain IP disputes such as patents infringements, revocation and appeal cases.

Mexico jurisdiction report: New provisions for trademarks

Mexico30-09-2021Emilio Albarrán

The last amendments to Mexico’s IP law were issued on May 18, 2018, and confirmed through the New Mexican IP Law of July 1, 2020, incorporate some new legal figures for trademark registrations based on use. In particular, article 173 of the new Federal Law for Protection of Industrial Property in Mexico states a list of non-registrable signs.

Italy jurisdiction report: A change in IP philosophy

Italy29-09-2021Claudio Balboni and Francesco Venturoli

The Italian philosopher, semiotician, cultural critic, and novelist Umberto Eco divided the human predisposition into two categories: the “apocalyptic” on the one hand and the “integrated” on the other.

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