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Japan jurisdiction report: Moral rights and stories

Japan17-09-2018Ryo Maruyama

In August this year, a person launched a product that consists of a plantlet of a baobab tree in a package on which the title Le Petit Prince (The Little Prince), original illustrations, and a short story relating to the sale of a baobab tree are printed.

Italy jurisdiction report: Trademarks for retail services

Italy17-09-2018RetailAndrea Cappai

For trademark owners and IP professionals, the elusive class 35—and in particular retail services—have caused much ink to be spilled over the years. Whenever these issues are in the limelight, personal and public opinions about the admissibility of retail services as trademarks are diverse and often conflicting.

Russia jurisdiction report: The rules on patent opposition

Russia14-09-2018Erik Goussev

In Russia, third parties may dispute the validity of a granted patent by filing an opposition with the Patent Disputes Chamber, a department of the Federal Service for Intellectual Property (Rospatent), located in Moscow. The opposition period is not limited, meaning that an opposition can be filed any time after a patent is granted.

Netherlands jurisdiction report: The links between witches and cheese

Netherlands14-09-2018Food and drinkMichiel Rijsdijk

In July the Supreme Court of the Netherlands ruled in the case Heksenkaas v Witte Wievenkaas. It concerns a dispute over trademarks for a typical Dutch product: cheese (‘kaas’ in Dutch).

Mexico jurisdiction report: Changes to invalidation actions

Mexico14-09-2018Joaquín Esquivel

On August 10, 2018, several reforms to the Mexican Industrial Property Law (Mexican IP Law) came into force, substantially modifying our trademark system and affecting other relevant aspects, such as litigation actions whereby the validity of a trademark registration granted in Mexico may be challenged.

Taiwan jurisdiction report: Proposed patent law amendments

Taiwan13-09-2018Fiona Yin and Ming-Yeh Lin

In mid-May 2018, a new draft bill of Taiwan’s Patent Law was published by the Taiwan Intellectual Property Office.

Sweden jurisdiction report: Strengthening trade secrets protection

Sweden13-09-2018Maria Zamkova

On July 1, 2018, the new Swedish Act on the Protection of Trade Secrets entered into force, superseding the previous act from 1990 following harmonisation within the EU. It is aimed at strengthening companies’ competitiveness and improving the conditions for innovation and knowledge-based entrepreneurship.

Turkey jurisdiction report: Confusion on likelihood of confusion

Turkey12-09-2018Ozlem Futman

In many countries, absolute grounds for trademark refusal covers only the obstacles causing refusal based on the mark’s own features and public interest. Earlier marks are not stated in these grounds.

US jurisdiction report: How to lose a winning patent lawsuit

US12-09-2018Paul J Sutton

In patent and other types of lawsuits, an equitable defence is permitted where a defendant has a burden of proving that the plaintiff has acted unethically or has acted in bad faith with respect to the subject matter of the complaint. It is sometimes referred to as the ‘unclean hands’ doctrine, where those seeking equity must do equity. A judge has the power to sanction attorneys and parties.

France jurisdiction report: Castles and commercial use

France06-08-2018Aurélia Marie

Can an image of a castle belonging to the French public domain be reproduced for commercial use without financial compensation to, or authorisation from, the public institution in charge of the Chambord Estate, in the Loire Valley?

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