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Sweden jurisdiction report: Sinking the pirates

Sweden17-08-2020Maria Zamkova

The use of illegal digital services is decreasing significantly in Sweden, most of all by internet users aged 16 to 29, according to a recent survey, “Changed attitudes to illegal streaming”, published February 7, 2020, by Kantar Sifo on behalf of the Swedish Patent and Registration Office.

Italy jurisdiction report: A penalty kick for famous names

Italy17-08-2020Mauro Bronzini

The Italian Industrial Property Code confers autonomous protection on names which become famous in non-commercial fields, regardless of whether they are also registered as trademarks.

Netherlands jurisdiction report: Bun fight over burgers

17-08-2020Michiel Rijsdijk and Marlies Wiegerinck

On the May 27, the District Court of The Hague ruled that Nestlé’s Incredible Burger infringes the EU trademark ‘Impossible Burger’, owned by Impossible Foods, and ordered a pan-European interim injunction.

India jurisdiction report: Defending domain names

India14-08-2020NV Saisunder and S Vishaka

With the rapid growth of the internet and globalisation, the marketing of products and services through websites and domain names has become a vital part of brand-building and commerce for trademark owners.

France jurisdiction report: The role of warehouses in e-commerce

France14-08-2020Aurélia Marie

In a preliminary decision, the Court of Justice of the European Union ruled in April on the responsibility of Amazon warehouse-keepers for the sale by a third-party seller on the online marketplace of perfume bottles for which the rights had not been exhausted.

Poland jurisdiction report: Poland welcomes new IP rules

Poland29-04-2020Aleksandra Solyga-Zurek

There have been numerous changes relating to IP regulations in Poland. One of the most significant is the establishment of specialised IP courts.

Netherlands jurisdiction report: Copyright faceoff for facades

Netherlands29-04-2020Michiel Rijsdijk and Marlies Wiegerinck

On February 4, 2020, the District Court of Gelderland issued an interim order on copyright infringement of the facade of a recreational home.

Italy jurisdiction report: Historical trademarks of national interest

Italy29-04-2020Claudio Balboni

A new category of trademarks—historical trademarks of national interest—was introduced last year in Italy by law decree number 34 of April 30, 2019 (converted with amendments into law decree number 58 of June 28, 2019).

India jurisdiction report: Courts don’t buy sellers’ appeal

India29-04-2020NV Saisunder and Srividya Sundaresan

The liability of e-commerce platforms acting in the capacity of intermediaries has been subject to judicial scrutiny in India in the recent past under various business scenarios.

France jurisdiction report: New trademark rules take effect

France29-04-2020Aurélia Marie

The EU Directive approximating the laws of the member states relating to trademarks has been implemented in France.

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