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Medical use claims

Malaysia25-05-2017Oon Yen Yen

Section 14(4) of the Patents Act explicitly provides for protection of a new use of a known substance or composition if it was not previously disclosed for use in surgery, therapy or diagnosis (ie, first medical use). Protection of substances or compositions claimed under this format is restricted to the substance or composition when presented or packaged for use.

The force of moral rights

Netherlands24-05-2017Michiel Rijsdijk

The strength of moral rights in Dutch copyright law has in January 2017 been illustrated in two legal disputes concerning the renovation of architectural buildings.

Interpreting the concept of equivalence

Italy23-05-2017Elena Rossetti

Rulings of the Italian Supreme Court on patentability of intermediate products and infringement by equivalence in the chemical field are infrequent. These two topics were brought under the spotlight in a decision by the court on December 2, 2016 in Industriale Chimica v Bayer Pharma.

iPhone 6 cleared of design patent infringement

China12-05-2017Stephen Yang

On March 24, 2017, the Beijing Intellectual Property Court ruled on a case in which Apple Computer Trading (Shanghai), a subsidiary of Apple, and Beijing Zoomflight Telecommunications Equipment had sued the Beijing Intellectual Property Office and Shenzhen Baili Marketing Services as a third party. The court’s decision revoked an administrative ruling by the office and affirmed that Apple Shanghai and Zoomflight did not infringe Baili’s design patent at issue.

Patent exculpatory opinions post-Halo

28-04-2017Paul J Sutton

When a company receives a letter accusing it of patent infringement, or has been named as a defendant in a patent infringement lawsuit, the reactions of its management can be quite varied. Some will express emotional reactions such as “that patent is invalid and should never have been granted” or “there is no way that we infringe”. While there may ultimately be truth in such beliefs, they provide little value overall.

New rules for word marks

Mexico27-04-2017Daniel Castro

The Mexican Institute of Industrial Property (IMPI) has adopted a new rule of requesting the applicant of a word mark to detail on the application form the letters either all in upper case or all in lower case, or the first letter in upper case and the rest in lower case (as in a typical sentence).

The highs and lows of compensation

Netherlands27-04-2017Michiel Rijsdijk

The ‘loser pays’ principle has resulted in a variety of compensation awards in patent disputes, from several hundred euros to hundreds of thousands of euros. To create a semblance of predictability on the amounts, guidelines on indicative rates were introduced.

Trademarks: use them or lose them

Turkey27-04-2017Işık Özdoğan and Ezgi Baklacı

Reforms to Turkey’s IP regime have expanded the circumstances in which a party can demand that a trademark owner prove use of a disputed mark. Until now, trademark owners could launch oppositions or lawsuits without having to consider addressing a non-use counter-claim. Therefore, trademark owners should now be more careful than ever in Turkey when challenging trademarks or infringing use.

Patentability and subject matter exclusions

Malaysia26-04-2017Oon Yen Yen

Certain subject matter is excluded from patentability under Malaysian patent law and these are defined in section 13(1) of Malaysia’s Patents Act.

Effective enforcement remedies

Italy26-04-2017Davide Aldo Falzoni

In Italy, very effective precautionary procedures and remedies are at the disposal of IP owners to ensure a rapid protection of their rights. The remedies include the ability to obtain an interlocutory injunction to stop the alleged infringement and obtain the seizure of products suspected of infringing the rights.

Showing 121 to 130 of 1039 results