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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?

Germany jurisdiction report: Using trade secrets from memory

Germany30-11-2018Jens Künzel

The law of trade secrets will undergo some changes when Germany finally implements the EU Directive on Trade Secrets. The statute by which that directive will be implemented has not yet been formally passed, but that is expected soon.

India jurisdiction report: Protection of well-known trademarks

India30-11-2018N V Saisunder and S Vishaka

India has had one of the fastest-growing economies over the past decade and this has triggered a spurt in the growth of cross-border trade and commerce, with various transnational corporations establishing a business footprint here.

Italy jurisdiction report: Protecting fashion shape marks

Italy28-11-2018Paolo Di Mella and Chiara Domeniconi

Shape is an important factor behind purchasing decisions by consumers, especially in the fashion sector, where the aesthetic appearance of products plays a key role. Fashion designer Pierre Cardin once remarked: “What comes first is the shape. Then the material, which expresses volumes, fluidity, languor. Colour is merely the last feature.”

Malaysia jurisdiction report: ASEAN becomes more innovative every year

Malaysia28-11-2018Alvin Boey

For several years, the ASEAN region has been touted as the next economic powerhouse. With a combined population of approximately 620 million, which is larger than the whole of the EU or North America, the ASEAN region has the third largest labour force in the world, behind only China and India.

Taiwan jurisdiction report: New practice in the dual filing regime

Taiwan27-11-2018Chiu-Ling Lin

According to article 32 of Taiwan’s Patent Law, an applicant is allowed to file, on the same day, an invention application and a utility model application for one and the same invention with a ‘dual filing’ statement specified in the application forms of the two applications.

Turkey jurisdiction report: Novelty of design applications

Turkey26-11-2018Damla Dyan and Ozlem Futman

One of the most significant changes from the New Turkish IP Code no. 6769 is that novelty is introduced as an ex officio examination criterion at the preliminary examination stage. In other words, since January 2017, the Turkish Patent and Trademark Office has been refusing design applications ex officio based on lack of novelty.

US jurisdiction report: Patent financing to the rescue

US26-11-2018Paul J Sutton

Imagine a scenario where a reputable young enterprise, company X, whose technology has been favourably received, discovers that its patents are being infringed by a large well-financed competitor. The CEO of company X goes to the patent counsel who filed and prosecuted the subject patents.

Mexico jurisdiction report: Partial invalidation of trademarks

Mexico23-11-2018Maria Fernanda de la Cerda

Mexico is experiencing a time of change and evolution in our IP system. The Mexican authorities are discussing new litigation reforms to the IP Law that could place our legal system at the forefront of IP protection.

Netherlands jurisdiction report: Copyright of scale models

Netherlands22-11-2018Michiel Rijsdijk

In September, the court in The Hague ruled on the possibility of having IP rights in model trains. The IP protection offered to products in this niche market has been the subject of several court cases in the Netherlands, whereby the purpose of the scale models seems to play an important role in copyright/trademark infringement matters.

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