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Poland jurisdiction report: Poland welcomes new IP rules

Poland29-04-2020Aleksandra Solyga-Zurek

There have been numerous changes relating to IP regulations in Poland. One of the most significant is the establishment of specialised IP courts.

Netherlands jurisdiction report: Copyright faceoff for facades

Netherlands29-04-2020Michiel Rijsdijk and Marlies Wiegerinck

On February 4, 2020, the District Court of Gelderland issued an interim order on copyright infringement of the facade of a recreational home.

Italy jurisdiction report: Historical trademarks of national interest

Italy29-04-2020Claudio Balboni

A new category of trademarks—historical trademarks of national interest—was introduced last year in Italy by law decree number 34 of April 30, 2019 (converted with amendments into law decree number 58 of June 28, 2019).

India jurisdiction report: Courts don’t buy sellers’ appeal

India29-04-2020NV Saisunder and Srividya Sundaresan

The liability of e-commerce platforms acting in the capacity of intermediaries has been subject to judicial scrutiny in India in the recent past under various business scenarios.

France jurisdiction report: New trademark rules take effect

France29-04-2020Aurélia Marie

The EU Directive approximating the laws of the member states relating to trademarks has been implemented in France.

Russia jurisdiction report: Customs registration—pros and cons

Russia27-04-2020Annikki Hämäläinen

Although the introduction of the IP register of the Eurasian Customs Union is already established, the member states have so far failed to implement it in practice. Therefore, trademarks still have to be separately registered in all national customs registers of the Eurasian Customs Union member states, including Russia.

Sweden jurisdiction report: An annual ‘fridge check’ for IP

Sweden27-04-2020Maria Zamkova

One of the Swedish main food stores just after new year 2020 initiated a new environmentally friendly service: take a picture of the food you have in your fridge, and we will send you back a recipe of what you can make for dinner.

US jurisdiction report: The race for cannabis patents

27-04-2020Paul J Sutton

Is it possible to obtain a US patent covering cannabis? Conventional wisdom might yield a resounding “no”, but the truth is, the US Patent and Trademark Office has been granting cannabis-related patents, and it is expected that many more will be granted in years to come. 

France jurisdiction report: Originality does not mean beauty

France27-11-2019Aurélia Marie

According to Regulation 6/2002 of December 2001 on Community designs or the Directive 98/71/EC of October 1998 on the legal protection of designs, applied arts can benefit from a plurality of protections originating from design right and copyright, with each protection subject to its own specific rules.

Germany jurisdiction report: Jurisdiction ruling overturns German case

Germany27-11-2019Jens Künzel

On September 5, 2019, in the matter AMS Neve v Heritage Audio, the Court of Justice of the European Union clarified the question of jurisdiction in cases where the defendant has committed several potentially infringing actions in more than one EU member state, for example by offering goods on the internet, or by sending an email offer to a customer in another member state.

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