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Equivalence: the swinging pendulum

Germany03-10-2016Jens Künzel

From the perspective of a practitioner in patent infringement law, the German courts’ take on equivalence may be illustrated as a wave movement, or a pendulum that constantly, if unevenly, swings back and forth. Sometimes it appears to be more in favour of broadening the criteria for patent infringement based on equivalence, sometimes it appears to be more restrictive.

Domain name protection made simple

France03-10-2016Aurélia Marie

The French alternative dispute resolution (ADR) procedure, named Syreli, applicable when a .fr domain has been registered in contravention of prior rights, entered into force on November 21, 2011 and is enforced by AFNIC, the French body responsible for internet regulation.

Protecting graphical user interfaces

China03-10-2016Guangyu Zhang

A graphical user interface (GUI) refers to an interface presented as a graph or image in a display which links to an operating system. A user can perform an operation by clicking the graph or image in the interface.

Legislative reform hits the buffers

Chile03-10-2016Rodrigo Cooper

In 2013, the Chilean government sent a draft law to Congress aiming not just to modify industrial property legislation, but to completely replace it.

Registered design right protection coming to the Cayman Islands

Cayman Islands03-10-2016Sophie Davies

Owners of UK registered designs and registered Community designs (RCDs) will soon have the opportunity to re-register their rights in the Cayman Islands.

Cuozzo case: weak patents suffer a blow

US09-08-2016Paul J Sutton

The US Supreme Court has delivered what many believe is a significant win for parties seeking to weed out weak or defective US patents.

Exploiting the principle of exhaustion

Turkey09-08-2016Işık Özdoğan and Ezgi Baklacı

Sometimes traders obtain branded goods removed from their original packaging. Before sale to consumers, the branded product is repackaged and either the original trademark or other trademarks are put on the new packaging. This is an issue frequently faced by trademark owners in Turkey, and unfortunately court practice has not been established.

Taiwan: Protection of trade dress

Taiwan09-08-2016Victor Lee and Crystal Chen

In Taiwan, the appearance of a product can be subject to intellectual property protection such as a design patent, trademark, copyright or, specifically, trade dress under the Fair Trade Act.

Uniformity for SPCs

Romania09-08-2016Margareta Oproiu

Regulation (EC) No. 469/2009 (which amended Council Regulation [EEC] No. 1768/92), concerning the creation of a supplementary protection certificate (SPC) for medicinal products, and Regulation (EC) No. 1610/96, covering the creation of an SPC for plant protection products, entered into force in Romania on January 1, 2007, the date Romania joined the EU. On the same date, Regulation (EC) No. 1901/2006 on medicinal products for paediatric use entered into force in Romania.

Netherlands: Copyright and card games

Netherlands09-08-2016Michiel Rijsdijk

The threshold for obtaining copyright protection in the Netherlands is low and entitlement arises when the object is a “work protected by copyright”. In case law this criterion has been given more substance. Copyright protection is granted for works that have an original and individual character and the ‘personal stamp’ of the maker.

Showing 111 to 120 of 982 results

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