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France jurisdiction report: In the driving seat

France17-09-2019Aurélia Marie

France’s draft law on Mobility Orientation, adopted in first reading by the National Assembly, if adopted will liberalise the market of certain spare parts used to repair motor vehicles.

Germany jurisdiction report: Make Google AdWords clear

Germany17-09-2019Christian Buchholz

The question under which circumstances the use of a sign identical with a trademark in Google AdWords advertisements constitutes a trademark infringement has been the subject of several decisions of the German Federal Court of Justice and the Court of Justice of the EU in the past.

India jurisdiction report: What constitutes use of trademarks?

India17-09-2019NV Saisunder and Shyamolima Sengupta

Indian trademark law follows the “first-to-use” principle. Accordingly, the right of a prior user of a trademark is recognised to be superior to that of a registered proprietor. Even registered proprietors cannot interfere with the rights of an unregistered prior user. This has been re-asserted by Indian courts in several judgments over time.

Italy jurisdiction report: Selective distribution case turns heads

Italy16-09-2019Elisabetta Guolo and Chiara Domeniconi

In a decision issued on July 3, 2019, the Court of Milan ordered Amazon to refrain from “marketing, offering for sale, promoting or advertising in Italy” the products of French fashion brand Sisley, well-known for the production of innovative and high-quality cosmetics.

Netherlands jurisdiction report: A model of copyright infringement?

16-09-2019Michiel Rijsdijk and Marlies Wiegerinck

Virtual reality and augmented reality are perfect tools to get a quick impression of, for example, a building or machine. You just need software whereby you can create a 3D model of the building or machine in question. Many software developers therefore venture to develop and exploit 3D modelling software.

Sweden jurisdiction report: The winner trademarks it all

Sweden16-09-2019Petter Rindforth

If you mention Sweden, most people probably think of ABBA. However, not many people may know that the trademark was not originally created by the famous pop group, but in fact dates back to 1906.

US jurisdiction report: Patent clues are in the courts

16-09-2019Paul J Sutton

It is essential that patent and IP attorneys routinely monitor and keep abreast of decisions handed down by the various federal courts in order for them to be effective in their work.

France jurisdiction report: Copyright in the digital age

24-05-2019Aurélia Marie

The Directive of the European Parliament and of the Council on Copyright in the Digital Single Market was adopted on March 26, 2019 by the European Parliament. It provides general rules for the protection and the conditions of use of works protected by copyright in the fields of research, education and the conservation of cultural heritage.

Germany jurisdiction report: Book, song and film title protection

Germany24-05-2019Christian Buchholz

German law provides protection for titles of works—book titles, song titles, film titles, theatre titles or titles of comparable works—irrespective of the requirements of trademark or copyright protection.

India jurisdiction report: Remedies against infringing names

India24-05-2019NV Saisunder and Srividya Sundaresan

Infringement of trademarks takes various forms such as counterfeits and cybersquatting. Another way of infringement is when a corporate name is identical with or too nearly resembles another trademark.

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