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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.

India jurisdiction report: Maintainability of composite suits

India27-11-2019NV Saisunder and Aanchal M Nichani

A landmark judgment was recently passed by a special five-judge bench of the Delhi High Court in the case of Carlsberg Breweries v Som Distilleries and Breweries wherein it overruled an earlier judgment passed by a three judge bench in Mohan Lal v Sona Paint & Hardwares.

Italy jurisdiction report: A pair of interesting decisions

Italy25-11-2019Davide Aldo Falzoni and Barbara Casadei

The Italian Court of Cassation has issued an interesting decision in the patent field, dated August 14, 2019.

Netherlands jurisdiction report: A steaming case concerning saunas

Netherlands25-11-2019Michiel Rijsdijk and Marlies Wiegerinck

In June, the district court of ‘s-Hertogenbosch published a decision on keywords that are used for search engine advertising services. The claimant and defendant are both involved in the sale of saunas; Carelife is also active in the used sauna market.

Russia jurisdiction report: A new system to rival Madrid?

Russia25-11-2019Riikka Palmos

You may have heard rumours about a new trademark protection system created in Eurasia. What exactly does the Eurasian region encompass, and how does the new system work?

US jurisdiction report: The importance of patent indemnification

25-11-2019Paul J Sutton

Practitioners in the area of patent and IP law encounter issues involving indemnification on a regular basis. These issues often arise in the context of writing or interpreting agreements of all kinds. For example, patent licence agreements often include clauses which relate directly to all manners of indemnification.

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.

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