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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.

Malaysia jurisdiction report: The rules for non-use

Malaysia15-02-2019Khang Juin

Once a trademark has been registered with the Intellectual Property Corporation of Malaysia, the registered proprietor will be granted various rights and remedies as provided under the Trade Mark Acts 1976.

Taiwan jurisdiction report: New patent linkage system

Taiwan13-02-2019Fiona Yin

The amended Pharmaceutical Affairs Act, which embraces the patent linkage system, among others, and was devised to foster better development of the new biomedical industry in Taiwan through early resolution of patent disputes between brand drug and generic drug companies, was promulgated on December 29, 2017.

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