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Italy: a Zen approach to distinctiveness

Italy09-05-2016Valentina Gazzarri

There is an ancient Buddhist saying that goes: “It is better to conquer yourself than to win a thousand battles. Then the victory is yours.”

Germany: special inspection proceedings and trade secrets

Germany09-05-2016Jens Künzel

For ten years, German intellectual property courts, above all the Düsseldorf District Court and Court of Appeal, have been developing and refining a procedure that allows IP owners to seek an inspection of devices presumed to infringe their rights.

France: licensing and CTM rights

France09-05-2016Aurélia Marie

In a decision on February 4, the Court of Justice of the European Union (CJEU) ruled in proceedings concerning the infringement of a Community trademark (CTM) that were brought by the CTM’s licensee. In the case in question, which started in Germany, the licensing agreement allowed the licensee to file a suit in its own name for acts of infringement.

China: which way to go? The pros and cons of the two-track system

China09-05-2016Jiancheng Jiang

In China’s patent system, there are two available routes for enforcing a patent. This is the so-called two-track system in which a patent owner, when encountering infringement of its patent, can opt to file a complaint with a local government body responsible for patent administration matters in the area (usually named a local intellectual property office).

Poor productivity at the INPI

Brazil09-05-2016Otavio Beaklini and João Marcelo Lima

Following a freedom of information (FOI) request filed by Licks Attorneys, the Brazilian Patent and Trademark Office (INPI) has disclosed new information that sheds more light on its backlog problem.

France: where can online infringement actions occur?

France19-02-2016Aurélia Marie

Article 5(3) of Regulation (EC) No. 44/2001, referred to as ‘Brussels I’, which covers the competence of courts in matters concerning tort, among others, provides that “a person domiciled in a member state may be sued in another member state, in the courts of the place where the harmful event occurred or may occur”.

New draft for patent amendments in China

China19-02-2016Stephen Yang

On December 2, 2015 a new draft of the fourth amendment to the Chinese patent law, which was sent to the State Council for review, was published.

PPH pilot lands in Brazil

Brazil19-02-2016Ricardo Nunes and Otavio Beaklini

The much-awaited Patent Prosecution Highway (PPH) pilot programme signed between the US and Brazil came into force on January 11, 2016. Despite its limitations, the programme might speed up the examination of Brazilian applications filed and pending in Brazil after the corresponding application is granted by the US Patent and Trademark Office (USPTO).

India: the complexities of e-commerce

India19-02-2016Manisha Singh and Shristi Bansal

The IT sector is growing at an unprecedented rate with e-commerce emerging as an indispensable tool for business/commerce. With the plethora of online portals, aggregators, online/mobile businesses, content distributors providing services ranging from ticketing and travelling to matrimony, it is safe to call the internet a one-stop solution to all needs.

The TPP’s impact on trademarks in Malaysia

Malaysia19-02-2016Lim Eng Leong

After years of negotiations, Malaysia, Brunei, Chile, New Zealand, Singapore, Australia, Canada, Japan, Mexico, Peru, the US and Vietnam last year reached a multilateral free trade agreement on various economic policies called the Trans-Pacific Partnership (TPP).

Showing 141 to 150 of 966 results

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