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Germany jurisdiction report: Passing off, asserting originality

Germany27-11-2017Jens Künzel

In Germany, claims for passing off may be successfully asserted where the original product concerned consists of technical and design features and the technical features contribute to the product’s “originality”.

Malaysia jurisdiction report: The complex interplay between designs and copyright

Malaysia24-11-2017Dave Wyatt

A 2015 decision of the Ipoh High Court considered the difficult question of whether copyright can exist in a registered industrial design.

Italy jurisdiction report: Calculating reasonable royalties

Italy24-11-2017Valentina Gazzarri

When judges rule on patent infringement, they usually also rule on compensation.

Romania jurisdiction report: Keeping judges on the straight and narrow

Romania22-11-2017Raluca Vasilescu

I once had the opportunity to read documents from a very old trial, before World War 1. It was just like reading a mysterious foreign language, with so many expressions that are forgotten today. One of them, however, impressed me very much: a fairly accurate translation would be “in the light of the wisdom of the judge”. All the context suggested that the judge was seen somehow as a source providing wisdom.

Netherlands jurisdiction report: EU trademark reform and its effects on practice

Netherlands22-11-2017Michiel Rijsdijk

As of October 1, 2017 the last part of the new EU trademark regulation has come into effect. There has been a substantial number of publications inside and outside the EU on what to expect from the new regulation. Below is a short overview with some practical pointers on how the new regulation will affect trademark practice in the EU.

Mexico jurisdiction report: Further hope for non-traditional marks

Mexico22-11-2017Stefi Leunig

The current Mexican IP legislation covers the following trademark types: word marks, design (figurative) marks, 3D marks, and composite marks (mix of any of the types of marks).

China jurisdiction report: The golden age of patent wars

China22-11-2017Hui Wang and Xu Li

Once upon a time, ‘patent’ was an unfamiliar word to the Chinese people, and a patent war was an alien concept. However, with millions of patent applications and trademark registrations having been filed year after year in China, a patent war has become another method of commercial competition in this country.

France jurisdiction report: Many names, one owner

France21-11-2017Aurélia Marie

Extra-judicial proceedings can be initiated by a trademark owner against an alleged domain name registered fraudulently, to obtain its withdrawal or transfer through a decision rendered by one or several panellists.

US jurisdiction report: Patent clash of the titans continues

US21-11-2017Paul J Sutton

Apple must have celebrated for days after a federal court jury on November 6, 2012 awarded it nearly $400 million in damages against its arch enemy Samsung in the ongoing smartphone wars.

Brazil jurisdiction report: Can the patent backlog be beaten?

Brazil03-11-2017Maria Alice Calliari and Vinícius Loureiro Casciano

The Brazilian Patent and Trademark Office has built up a tremendous patent backlog that is hampering the functioning of the patent system. Recent official data shows that a patent application would take 11 years before reaching a final decision. The prospect is bleak: IT inventions may take more than 14 years to get examined. In a rapidly changing field such as this, protracted examination renders most patents unusable.

Showing 1 to 10 of 956 results

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