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Taiwan: Pfizer stumped by royalty-free licence

Taiwan09-05-2016Victor Lee and Jesse Peng

Last year, the Taiwan Intellectual Property Court issued a judgment (101-CPL-112) holding that the patentee in an exclusive licensing deal in which no royalties have been paid has no standing to sue for patent infringement.

Netherlands: walking the walk on claims of infringement

Netherlands09-05-2016Michiel Rijsdijk

Actively dealing with infringement is vital when protecting intellectual property. There should be actual rights to enforce, however, and making indiscriminate claims purporting infringement of a patent or other IP right is prohibited.

Japan: making a meal out of copyright

Japan09-05-2016Ryo Maruyama

Article 30 of the Japanese Copyright Law stipulates that the reproduction of copyrighted works for personal use or other equivalent uses within a limited scope is exempt from infringing copyright (reproduction rights).

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.

Showing 161 to 170 of 989 results

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