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Malaysia jurisdiction report: The pros and cons of parallel imports

Malaysia15-02-2018Chin Khang Juin

What are parallel imports? The court in Tien Ying Hong Enterprise v Beenion (2010) stated that parallel imports refer to goods which are lawfully manufactured overseas but imported and distributed in Malaysia by a person other than the registered proprietor of the trademark. Parallel imports are non-counterfeit goods which originate from the trademark proprietor.

Japan jurisdiction report: Picking the right article

Japan15-02-2018Ryo Maruyama

In the past, Chinese entities often copied brands owned by Japanese companies, but recently Chinese companies have had to take legal action in response to the illegal use of their brands by Japanese entities.

Italy jurisdiction report: Patent rights for self-employed workers

Italy15-02-2018Davide Aldo Falzoni

In 2017, the Italian legislator approved the so-called ‘Jobs Act for Self-Employed Workers’, to shed some light on the ownership of patent rights when an R&D activity is outsourced.

Germany jurisdiction report: The difference between repair and remake

Germany15-02-2018Jens Künzel

The rules on exhaustion of patent rights allow a patented product which has been brought onto the market with the consent of the patent owner to be used by the buyer.

France jurisdiction report: Caution on the impact of Brexit

EU, France, UK13-02-2018Aurélia Marie

Since the vote in favour of Brexit on June 24, 2016 and the official implementation of article 50 of the Lisbon Treaty on March 29, 2017 by the UK, triggering the process of its exit from the EU, negotiations have begun with the European Commission.

China jurisdiction report: Competition rules in app stores

China13-02-2018Jian Kun Feng and Xu Li

In recent years, the mobile app market has become a major battleground in the area of smartphones. App stores are the competitive focus among all the phone manufacturers and third party downloadable service providers. However, there has not been any concrete regulation on app market competition, thus causing many disputes between the various interested parties, some of which have brought cases before the courts.

Germany jurisdiction report: Passing off, asserting originality

Germany27-11-2017Jens Künzel

In Germany, claims for passing off may be successfully asserted where the original product concerned consists of technical and design features and the technical features contribute to the product’s “originality”.

Malaysia jurisdiction report: The complex interplay between designs and copyright

Malaysia24-11-2017Dave Wyatt

A 2015 decision of the Ipoh High Court considered the difficult question of whether copyright can exist in a registered industrial design.

Italy jurisdiction report: Calculating reasonable royalties

Italy24-11-2017Valentina Gazzarri

When judges rule on patent infringement, they usually also rule on compensation.

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.

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