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Italy jurisdiction report: The greater role of trade secrets

Italy26-10-2017

The importance of trade secrets is well known in the world of IP. The TRIPS Agreement requires undisclosed information (trade secrets or know-how) to benefit from protection. Marco Conti of Bugnion reports.

Russia jurisdiction report: How to cancel an unused trademark

Russia24-10-2017Annikki Hämäläinen

The cancellation process for unused trademarks in Russia is changing and developing. In 2013 cancellation actions were transferred for consideration by the IP Court. Previously they were considered by the Moscow Arbitration Court (2011–2013) and before that by the Patent Disputes Chamber.

Sweden jurisdiction report: Universities - a hub of innovation

Sweden24-10-2017Maria Zamkova

As noted by the Organisation for Economic Co-operation and Development, “public research”, meaning research primarily funded with public money and carried out by universities and public research institutions, plays an extremely important role in innovation systems by ensuring the provision of new knowledge.

Mexico jurisdiction report: Dealing with third party observations

Mexico21-10-2017Mariana Gonzalez

According to article 52bis of the Mexican IP Law (in force from September 17, 2010) it is possible to file a formal observation brief before the Mexican Institute of Industrial Property containing documents and arguments surrounding the patentability of an invention claimed in a patent application within a term of six months from its publication in the Official Gazette.

France jurisdiction report: A matter of taste

France20-10-2017Aurélia Marie

Dennis Voerman is the Dutch creator of a successful cheese-based spread named Heks’nkaas. In 2011, he assigned to a company called Levola the copyright relating to the recipe, its method of preparation and the taste features of his product.

Germany jurisdiction report: First compulsory licence for a pharma product

Germany20-10-2017Jochen Bühling

In a landmark decision on July 11, 2017, the German Federal Court of Justice (Bundesgerichtshof) for the first time confirmed the grant of a compulsory licence under the German Patent Act (docket no. X ZB 2/17).

China jurisdiction report: New guidelines for patent infringement

China19-10-2017Hui Wang

To improve the handling of patent infringement cases by judges and to provide a uniform standard, the Beijing High People’s Court amended its 2013 “Guidelines for Patent Infringement Determination” and issued a new version on April 20, 2017.

Clearing the medical use fog

Malaysia07-09-2017Oon Yen Yen

There have been very few tests of first or second medical use claims before a Malaysian court. There is still no significant limited local legal precedent established in respect of the validity and scope of such claims. Given the history and recent trend of patent litigation in Malaysia, we believe that the IP High Court will be guided by European and UK case law when a substantial case is finally litigated in Malaysia.

Fame is no protection for ‘Lambretta’

Italy07-09-2017Andrea Cappai

Seventy years have passed since the first Lambretta motorcycle was manufactured in Lambrate, a northeastern district of Milan that owes its name to the Lambro River in the area.

China jurisdiction report: stitching up damages over sewing machines

China05-09-2017Xu Li

On June 30, 2017, the Shanghai Intellectual Property Court released a brief report on a first instance decision on an infringement litigation case with regard to an industrial sewing machine patent in which a Chinese company (defendant) was ordered to pay RMB 5.5 million ($810,000) damages to the plaintiff Brother Industries.

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