Jurisdiction Reports

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India jurisdiction report: Liability of e-commerce service providers

India04-04-2019NV Saisunder and Shyamolima Sengupta

The Indian B2C e-commerce market is growing exponentially and rapid digitisation is fuelling its further growth. Most e-commerce platforms in India are marketplaces and they have to deal with the menace of counterfeit or infringing products. This article examines the scope of liability of e-commerce service providers in case of sale of counterfeit goods through their platforms.

Italy jurisdiction report: Interesting Italian patent decisions

Italy04-04-2019Davide Aldo Falzoni

A decision of the Italian Court of Cassation of November 20, 2017 provided an important principle, according to which the validity of a patent cannot be contested in a proceeding concerning the rights of the dependent-inventor to receive an award from the employee.

Malaysia jurisdiction report: Patentability of computer inventions

Malaysia03-04-2019Dave A Wyatt

The patent eligibility of computer-related inventions is a hot topic worldwide. The situation is seemingly forever in flux as courts and patent offices develop case law on the subject and constantly update their official practices.

Taiwan jurisdiction report: Jurisdiction over foreign e-commerce sites

Taiwan03-04-2019Tony Chang

In a 2018 decision, the Taiwan IP Court rendered a new perspective on the test of determining whether a Taiwan court has jurisdiction over a foreign defendant whose products are sold to Taiwan via its website.

US jurisdiction report: Qualcomm’s patent licensing headache

02-04-2019Paul J Sutton

One might think that a company that owns an enormous and far-reaching patent portfolio would be riding a wave of success, without worries. However, for Qualcomm, that is not the case.

France jurisdiction report: Seniority of a national trademark

France19-02-2019Aurélia Marie

Any owner of a trademark registered in a member state of the EU may claim the seniority of his national trademark in a European trademark for identical goods or services. This claim of seniority has the effect of allowing this owner, if he ceases to maintain his trademark locally, to continue to benefit from the same rights he would have had if his national trademark had been maintained.

Germany jurisdiction report: Letters with a profit motive

Germany19-02-2019Jens Künzel

One might have thought that warning letters in IP infringement and unfair competition cases are useful as their purpose is, first and foremost, to warn the alleged infringer of court action if they do not stop the infringing behaviour.

Italy jurisdiction report: Protection of trade secrets

Italy18-02-2019Valentina Gazzarri

Before the entry into force of the Italian Code on Industrial Property (ICIP) in 2005, protection of trade secrets had traditionally been provided for only by the law on unfair competition.

India jurisdiction report: Picking the right jurisdiction

India18-02-2019Aanchal M Nichani and N V Saisunder of Eshwars

Trademark enforcement in every country has its complexities, and India is no different. In India, courts are vested with territorial jurisdiction, and within such jurisdictions, there are hierarchical courts with pecuniary jurisdiction.

Sweden jurisdiction report: New-look trademark legislation

Sweden15-02-2019Maria Zamkova

On January 1, 2019, several important changes to the Swedish trademark law and related provisions came into effect. The changes are basically the implementation of the EU legislation, a revision that started at EU level almost ten years ago.

Showing 21 to 30 of 1046 results

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