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Italy jurisdiction report: Copyright in industrial design

Italy25-05-2021Simone Milli

It is well known that industrial design works need to satisfy two requirements to be eligible for copyright protection in Italy: creative content and artistic value.

India jurisdiction report: SEPs at the crossroads

India25-05-2021Manisha Singh and Varun Sharma

With the largest number of mobile connections in the world, India has become a market not just for new mobile devices and connections but also a growing market for mobile device manufacturers.

France jurisdiction report: Copyright and free artistic expression

France24-05-2021Aurélia Marie

On February 23, 2020, the Court of Appeal of Paris upheld the decision of the Tribunal de grande instance de Paris, of November 8, 2018, condemning the American artist Jeff Koons and the Centre Pompidou for infringing a photograph dating from 1985.

US jurisdiction report: Patent inventorship errors

29-03-2021Paul J Sutton

This article examines the ever-present challenge in correctly designating the true inventors of inventions and their associated patent rights. Where errors have been made in the naming of inventors on patents, the prompt correction of such errors is essential if valid and enforceable patent rights are to be enjoyed.

Sweden jurisdiction report: EUIPO’s CF Similarity tool

EU, Sweden29-03-2021Petter Rindforth

All lawyers, independent on representing the trademark owner or a claimed infringing party, have to deal with the question of similarity of goods or services related to a specific trademark.

Russia jurisdiction report: Landing a licence

Russia29-03-2021Annikki Hämäläinen and Erik Viik

IP owners are free to exploit their rights in different forms, including by entering into licence agreements. Licence agreements are regulated by the Russian Civil Code. Under a licence agreement, one party—the owner—grants or undertakes to grant the other party with the right to use the trademark/patent within the limits stipulated by the contract.

Italy jurisdiction report: Application of the doctrine of equivalents in Italy

EU, Italy29-03-2021Marco Conti

When confronted with the question of whether a technical solution infringes a patent, it is crucial to assess the scope of protection of the patent.

France jurisdiction report: Expressing a link to the land

EU, France29-03-2021Aurélia Marie

Last November, the expressions “Linge Basque”, “Absolue Pays de Grasse” and “Pierre d’Arudy” joined the small family of French Geographical Indications for Industrial and Handicraft Products.

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.

Showing 11 to 20 of 1095 results

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