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IP reputation: Turning a corner

Russia20-05-2016Riikka Palmos

In the past Russia has had a bad reputation for enforcing intellectual property rights. The competence and expertise of courts in IP matters has been especially questionable. Even after several changes in legislation and practices, many IP owners still have doubts about the existence of effective mechanisms for protecting and, especially, enforcing IP rights in Russia.

Romania: Should ex officio examination for prior rights be reintroduced?

Romania20-05-2016Raluca Vasilescu

According to Directive (EU) 2015/2436 on harmonising EU member states’ trademark laws, states must transpose the directive into their national laws by January 2019. The exception is for the provisions on the procedure for revocation and invalidity, for which the deadline has been extended to January 2023.

The challenges of invalidating design rights

Netherlands20-05-2016Michiel Rijsdijk

On September 2, 2015 the Court of The Hague passed a judgment in a case between Wibit-Sports and Aquaparx. Wibit-Sports invoked its copyright and registered Community designs (RCDs) covering several inflatable water toys for use in amusement parks. In response Aquaparx claimed invalidity of the RCDs owned by Wibit-Sports, stating that those designs are solely dictated by their technical function.

The dizzy heights of the IMPI-EPO pilot PPH

Mexico20-05-2016Jorge Juárez

The Mexican Institute of Industrial Property (IMPI) is considered to be one of the main patent offices in Latin America.

Sweet success for Tan Kim Hock

Malaysia20-05-2016Lim Eng Leong

‘Dodol’ is a thick, sticky, sweet toffee-like confection made from coconut milk, jaggery and rice flour. It is popular in many parts of South and Southeast Asia, including Malaysia.

Japan: New rules for product-by-process claims

Japan20-05-2016Ryo Maruyama

On March 30, 2016, the Japan Patent Office (JPO) published “Interim Handling Procedures for Examinations and Appeal/Trials involving Product-by-Process Claims” in response to decisions rendered by Japan’s Supreme Court on June 5, 2015.

Italy: protecting unregistered signs in opposition proceedings

Italy20-05-2016Mauro Bronzini

The administrative opposition procedure for national trademark applications (introduced in 2011) provides two grounds for opposition.

Germany: Facebook in lonely place after advertising ruling

Germany20-05-2016Jens Künzel

Germany’s Unfair Competition Act forbids advertising that unlawfully disturbs or harasses the consumer. As a rule, advertising constitutes unlawful harassment if, inter alia, it is sent by email without the express consent of the recipient.

France: How to calculate damages for infringement

France20-05-2016Aurélia Marie

European Directive 2004/48/EC (the enforcement of intellectual property rights directive) allows an injured IP owner seeking compensation to choose between different methods for evaluating the loss/injury suffered because of the infringement and compensating for it.

China: Better services for trademark owners

China20-05-2016Xiang Gao

For 13 consecutive years, China has handled the most trademark applications and registrations. According to statistics, by September 2015 the cumulative number of trademark applications in China amounted to 17.6 million and the total number of trademark registrations was 11.8 million.

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