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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.

Chile jurisdiction report: When food labelling and trademarks collide

Chile03-11-2017Andrés Grunewaldt and Luis Felipe Opazo

The high rates of obesity among children in Chile is a problem that the health authorities have tried to tackle through different measures during the last few years. One of the most relevant actions was the modification of the food labelling regulation. Andrés Grunewaldt and Luis Felipe Opazo of Silva report.

Malaysia jurisdiction report: The tale of the tiger stripes

Malaysia01-11-2017Kelvin Ganesan

One of the requirements for a trademark to be registered in Malaysia is that the mark or device has to be used ‘in the course of trade’. A clarification of this definition was raised in the case of Mesuma Sports v Majlis Sukan Negara (2015). Kelvin Ganesan of Henry Goh reports.

US jurisdiction report: The benefits of the provisional patent application

01-11-2017

With the enactment of the America Invents Act (AIA), signed into law on September 16, 2011 and effective as of March 16, 2013, there are radically new criteria governing who will be awarded a US patent, writes Paul Sutton of Sutton Magidoff.

Italy jurisdiction report: The greater role of trade secrets

Italy26-10-2017

The importance of trade secrets is well known in the world of IP. The TRIPS Agreement requires undisclosed information (trade secrets or know-how) to benefit from protection. Marco Conti of Bugnion reports.

Russia jurisdiction report: How to cancel an unused trademark

Russia24-10-2017Annikki Hämäläinen

The cancellation process for unused trademarks in Russia is changing and developing. In 2013 cancellation actions were transferred for consideration by the IP Court. Previously they were considered by the Moscow Arbitration Court (2011–2013) and before that by the Patent Disputes Chamber.

Sweden jurisdiction report: Universities - a hub of innovation

Sweden24-10-2017Maria Zamkova

As noted by the Organisation for Economic Co-operation and Development, “public research”, meaning research primarily funded with public money and carried out by universities and public research institutions, plays an extremely important role in innovation systems by ensuring the provision of new knowledge.

Mexico jurisdiction report: Dealing with third party observations

Mexico21-10-2017Mariana Gonzalez

According to article 52bis of the Mexican IP Law (in force from September 17, 2010) it is possible to file a formal observation brief before the Mexican Institute of Industrial Property containing documents and arguments surrounding the patentability of an invention claimed in a patent application within a term of six months from its publication in the Official Gazette.

France jurisdiction report: A matter of taste

France20-10-2017Aurélia Marie

Dennis Voerman is the Dutch creator of a successful cheese-based spread named Heks’nkaas. In 2011, he assigned to a company called Levola the copyright relating to the recipe, its method of preparation and the taste features of his product.

Germany jurisdiction report: First compulsory licence for a pharma product

Germany20-10-2017Jochen Bühling

In a landmark decision on July 11, 2017, the German Federal Court of Justice (Bundesgerichtshof) for the first time confirmed the grant of a compulsory licence under the German Patent Act (docket no. X ZB 2/17).

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