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US jurisdiction report: The lawful seizure of patent rights

11-01-2021Paul J Sutton

This article examines a rare tension between US patent rights, on one hand, and the government’s seizure right of eminent domain over patents, on the other. It is the COVID-19 pandemic that gives rise to this possibility.

Netherlands jurisdiction report: Luxury products and online retailers

Netherlands10-01-2021Michiel Rijsdijk and Marlies Wiegerinck

In a significant ruling of the Amsterdam Court of Appeal, handed down on July 14, 2020, the court ruled that sportswear manufacturer Nike can legally prohibit third parties from selling products through non-authorised retailers’ online platforms.

Italy jurisdiction report: Complying with public morality

Italy10-01-2021Valentina Gazzarri

Trademarks and advertising are often synonymous with communication. Since they usually transmit a message to consumers, it is necessary that this message respects its recipients’ feelings. In other words, trademark owners and advertisers must be in compliance with rules of public morality.

France jurisdiction report: Protecting your plate

France10-01-2021Aurélia Marie

French deputies have tabled a draft of law to create a sui generis industrial property right protecting culinary creations.

India jurisdiction report: Judicial relief in cybersquatting disputes

India02-11-2020NV Saisunder and Aanchal Nichani

Trademark protection in cyber space presents a unique challenge to brand owners. The possibility of registering domain names with multiple combinations of name strings, coupled with several generic and country code top-level domain name extensions, makes it practically impossible for brand owners to eliminate infringement in the domain name system.

Italy jurisdiction report: A new route to protection

Italy29-10-2020Luca Scipioni and Tommaso Puggioli

For international patent applications filed before July 1, 2020, the only way to obtain patent protection in Italy was to pass through a European patent application.

Netherlands jurisdiction report: The allure of interim injunctions

Netherlands21-10-2020Michiel Rijsdijk and Marlies Wiegerinck

The Dutch judiciary’s COVID-19 policy is amplifying the increasing relevancy of interim injunction proceedings and making these type of proceedings more attractive.

Russia jurisdiction report: Dealing with patent infringements

Russia21-10-2020Erik Viik

The Russian patent litigation system is bifurcated: patent infringement cases are heard by courts, while patent invalidity actions are filed with the Chamber of Patent Disputes, a sub-division of Rospatent, the Russian IP office.

Sweden jurisdiction report: the European innovation leader

Sweden21-10-2020Maria Zamkova

Every year since 2001, the European Innovation Scoreboard has been published, showcasing EU countries’ research and innovation performance. The EIS 2020 edition was released in June—for the first time without the UK since its withdrawal from the EU.

US jurisdiction report: COVID-19’s impact on US patent practices

17-08-2020Paul J Sutton

US patent and IP law practices, like other practices, have been suddenly and profoundly affected in many ways by the spreading COVID-19 pandemic. This article attempts to provide insights into and examples of the challenges facing patent companies and their patent attorneys as they cope with the inter-related combination of health and financial onslaughts.

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