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France jurisdiction report: Seniority of a national trademark

France19-02-2019Aurélia Marie

Any owner of a trademark registered in a member state of the EU may claim the seniority of his national trademark in a European trademark for identical goods or services. This claim of seniority has the effect of allowing this owner, if he ceases to maintain his trademark locally, to continue to benefit from the same rights he would have had if his national trademark had been maintained.

Germany jurisdiction report: Letters with a profit motive

Germany19-02-2019Jens Künzel

One might have thought that warning letters in IP infringement and unfair competition cases are useful as their purpose is, first and foremost, to warn the alleged infringer of court action if they do not stop the infringing behaviour.

Italy jurisdiction report: Protection of trade secrets

Italy18-02-2019Valentina Gazzarri

Before the entry into force of the Italian Code on Industrial Property (ICIP) in 2005, protection of trade secrets had traditionally been provided for only by the law on unfair competition.

India jurisdiction report: Picking the right jurisdiction

India18-02-2019Aanchal M Nichani and N V Saisunder of Eshwars

Trademark enforcement in every country has its complexities, and India is no different. In India, courts are vested with territorial jurisdiction, and within such jurisdictions, there are hierarchical courts with pecuniary jurisdiction.

Sweden jurisdiction report: New-look trademark legislation

Sweden15-02-2019Maria Zamkova

On January 1, 2019, several important changes to the Swedish trademark law and related provisions came into effect. The changes are basically the implementation of the EU legislation, a revision that started at EU level almost ten years ago.

Malaysia jurisdiction report: The rules for non-use

Malaysia15-02-2019Khang Juin

Once a trademark has been registered with the Intellectual Property Corporation of Malaysia, the registered proprietor will be granted various rights and remedies as provided under the Trade Mark Acts 1976.

Taiwan jurisdiction report: New patent linkage system

Taiwan13-02-2019Fiona Yin

The amended Pharmaceutical Affairs Act, which embraces the patent linkage system, among others, and was devised to foster better development of the new biomedical industry in Taiwan through early resolution of patent disputes between brand drug and generic drug companies, was promulgated on December 29, 2017.

Turkey jurisdiction report: Keeping the classes clear

Turkey13-02-2019Özlem Fütman and Inci Asena Suvar

Filing trademark applications with the appropriate class headings is a simple option. Yet, when applications are filed with specific wording the story may change, since the Turkish Patent and Trademark Office may consider some goods/services to be vague; we will focus on some of them in this article.

US jurisdiction report: ITC patent lawsuit as an alternative

US12-02-2019Paul J Sutton

Imagine a board of directors of a US high-tech company which has convened an emergency meeting to address a matter that threatens the very viability of the company. A foreign-based arch competitor has copied exactly the company’s most valuable product. The board has asked the company’s patent attorney to help strategise regarding the options available to it.

France jurisdiction report: The case of ‘Neuschwanstein’

France03-12-2018Aurélia Marie

Can the name ‘Neuschwanstein’ work as a trademark or is it an indication of geographical origin?

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