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Romania jurisdiction report: Keeping judges on the straight and narrow

Romania22-11-2017Raluca Vasilescu

I once had the opportunity to read documents from a very old trial, before World War 1. It was just like reading a mysterious foreign language, with so many expressions that are forgotten today. One of them, however, impressed me very much: a fairly accurate translation would be “in the light of the wisdom of the judge”. All the context suggested that the judge was seen somehow as a source providing wisdom.

Netherlands jurisdiction report: EU trademark reform and its effects on practice

Netherlands22-11-2017Michiel Rijsdijk

As of October 1, 2017 the last part of the new EU trademark regulation has come into effect. There has been a substantial number of publications inside and outside the EU on what to expect from the new regulation. Below is a short overview with some practical pointers on how the new regulation will affect trademark practice in the EU.

Mexico jurisdiction report: Further hope for non-traditional marks

Mexico22-11-2017Stefi Leunig

The current Mexican IP legislation covers the following trademark types: word marks, design (figurative) marks, 3D marks, and composite marks (mix of any of the types of marks).

China jurisdiction report: The golden age of patent wars

China22-11-2017Hui Wang and Xu Li

Once upon a time, ‘patent’ was an unfamiliar word to the Chinese people, and a patent war was an alien concept. However, with millions of patent applications and trademark registrations having been filed year after year in China, a patent war has become another method of commercial competition in this country.

France jurisdiction report: Many names, one owner

France21-11-2017Aurélia Marie

Extra-judicial proceedings can be initiated by a trademark owner against an alleged domain name registered fraudulently, to obtain its withdrawal or transfer through a decision rendered by one or several panellists.

US jurisdiction report: Patent clash of the titans continues

US21-11-2017Paul J Sutton

Apple must have celebrated for days after a federal court jury on November 6, 2012 awarded it nearly $400 million in damages against its arch enemy Samsung in the ongoing smartphone wars.

Brazil jurisdiction report: Can the patent backlog be beaten?

Brazil03-11-2017Maria Alice Calliari and Vinícius Loureiro Casciano

The Brazilian Patent and Trademark Office has built up a tremendous patent backlog that is hampering the functioning of the patent system. Recent official data shows that a patent application would take 11 years before reaching a final decision. The prospect is bleak: IT inventions may take more than 14 years to get examined. In a rapidly changing field such as this, protracted examination renders most patents unusable.

Chile jurisdiction report: When food labelling and trademarks collide

Chile03-11-2017Andrés Grunewaldt and Luis Felipe Opazo

The high rates of obesity among children in Chile is a problem that the health authorities have tried to tackle through different measures during the last few years. One of the most relevant actions was the modification of the food labelling regulation. Andrés Grunewaldt and Luis Felipe Opazo of Silva report.

Malaysia jurisdiction report: The tale of the tiger stripes

Malaysia01-11-2017Kelvin Ganesan

One of the requirements for a trademark to be registered in Malaysia is that the mark or device has to be used ‘in the course of trade’. A clarification of this definition was raised in the case of Mesuma Sports v Majlis Sukan Negara (2015). Kelvin Ganesan of Henry Goh reports.

US jurisdiction report: The benefits of the provisional patent application

US01-11-2017

With the enactment of the America Invents Act (AIA), signed into law on September 16, 2011 and effective as of March 16, 2013, there are radically new criteria governing who will be awarded a US patent, writes Paul Sutton of Sutton Magidoff.

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