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France jurisdiction report: Castles and commercial use

France03-08-2018Aurélia Marie

Can an image of a castle belonging to the French public domain be reproduced for commercial use without financial compensation to, or authorisation from, the public institution in charge of the Chambord Estate, in the Loire Valley?

Italy jurisdiction report: Doctrine of equivalents and amendments

Italy02-08-2018Marco Conti

In Decision N. 54470/2016 (September 10, 2017), the Milan Court ruled that if a patent is subject to substantive amendments, that is, amendments introducing new features which are based on the description, the doctrine of equivalents should not apply to those features. This decision appears to be consistent with the practice of the courts in the US.

Germany jurisdiction report: Trademark infringement through keywords

Germany02-08-2018Jens Künzel

There have been many cases in recent European legal history dealing with different instances in which the use of keywords in internet searches has been judged to be trademark infringement. A case in February decided by Germany’s Federal Court of Justice (Supreme Court) highlights another of these cases, on this occasion concerning the German trademark ‘Ortlieb’ (registered for bags and other products).

Mexico jurisdiction report: The new-look IP system

Mexico01-08-2018Carlos Gonzalez

On March 18, 2018, important amendments to the Mexican Industrial Property Law were published in the Federal Official Gazette; they will enter into force from August 10, 2018. These changes confirm the implementation of a more effective trademark system in Mexico, adapted to international treaties.

US jurisdiction report: Apple v Samsung—ending their patent war

US31-07-2018mobile devicesPaul J Sutton

What would cause the respected management of a major US corporation to authorise litigation that would probably cost the company hundreds of millions of dollars in attorneys’ fees alone? Especially where the litigation involved a fight over something intangible.

Netherlands jurisdiction report: Innovation tax incentives on offer

Netherlands31-07-2018Michiel Rijsdijk

For a multinational corporation entering the European market, the Netherlands is an attractive IP jurisdiction as its legal system is efficient in both time and costs. IP cases in the Netherlands are handled by courts that have extensive experience in this respect; The Hague Court, which has specialist IP judges, has exclusive jurisdiction in patent cases and an excellent reputation.

Italy jurisdiction report: When it’s not ‘made in Italy’

Italy19-05-2018Mauro Bronzini

Since 2003, the national legislator has dictated specific sanctions against the use of “made in Italy” and any other signs or pictures, including trademarks, which may lead consumers to infer an Italian origin of a product when it is not Italian. References have been made to the Italian flag and pictures of famous monuments (the Roman Colosseum, the cathedral and tower of Florence, etc).

Germany jurisdiction report: Judging the consequences of infringement

Germany19-05-2018Jens Künzel

“Trade secrets” is a broad category. They may encompass technical information (such as technical drawings, pharmaceutical recipes, or chemical formulae) or business information (such as customer lists, or profit calculations).

France jurisdiction report: Progress on Brexit

France19-05-2018Aurélia Marie

Brexit discussions between European authorities and the UK have moved forward and the alarmist communication of the European Commission on December 1, 2017, which was countersigned by the European Union Intellectual Property Office, has to be reconsidered in light of the agreement proposed by the Commission and published on February 28, 2018 (European Commission Draft Withdrawal Agreement TF50 [2018] Commission to EU 27, 28 February 2018).

US jurisdiction report: The patent portfolios of pot

US18-05-2018Paul J Sutton

Few would have imagined a decade or two ago that an industry supporting legal marijuana use in the US would be expected to exceed more than $20 billion by the end of this decade. Yet here we are, with a majority of states now allowing the medical use of cannabis. Some states now also permit the recreational use of pot.

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