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Turkey jurisdiction report: Novelty of design applications

Turkey26-11-2018Damla Dyan and Ozlem Futman

One of the most significant changes from the New Turkish IP Code no. 6769 is that novelty is introduced as an ex officio examination criterion at the preliminary examination stage. In other words, since January 2017, the Turkish Patent and Trademark Office has been refusing design applications ex officio based on lack of novelty.

US jurisdiction report: Patent financing to the rescue

26-11-2018Paul J Sutton

Imagine a scenario where a reputable young enterprise, company X, whose technology has been favourably received, discovers that its patents are being infringed by a large well-financed competitor. The CEO of company X goes to the patent counsel who filed and prosecuted the subject patents.

Mexico jurisdiction report: Partial invalidation of trademarks

Mexico23-11-2018Maria Fernanda de la Cerda

Mexico is experiencing a time of change and evolution in our IP system. The Mexican authorities are discussing new litigation reforms to the IP Law that could place our legal system at the forefront of IP protection.

Netherlands jurisdiction report: Copyright of scale models

Netherlands22-11-2018Michiel Rijsdijk

In September, the court in The Hague ruled on the possibility of having IP rights in model trains. The IP protection offered to products in this niche market has been the subject of several court cases in the Netherlands, whereby the purpose of the scale models seems to play an important role in copyright/trademark infringement matters.

Romania jurisdiction report: The influence of technical expert reports

Romania22-11-2018Raluca Vasilescu

This article addresses the delicate matter of using and abusing technical expert reports in patent cancellation trials, and reviews a case that made strict use of said reports.

France jurisdiction report: Good news for parallel importers

EU, France18-09-2018PharmaceuticalsAurélia Marie

Parallel importation of pharmaceuticals in the EU has, for a long time, raised many issues. National constraints require the parallel importer to modify the presentation of the products in order to comply with national laws, and the trademark owner has tried to make use of such alteration to oppose the commercialisation of the goods that were escaping its distribution network in that way.

Germany jurisdiction report: Making claims for injunctive relief effective

Germany18-09-2018Jens Künzel

Several recent decisions of Germany’s Supreme Court, the Federal Court of Justice—for instance, a case decided in October 2017 called Products For Wound Treatment—hold that an injunction order contained in a judgment for unfair competition or trademark infringement requires the defendant not only to cease and desist the activity for which he has been sentenced, but moreover demands that he recall the infringing goods from his customers.

Malaysia jurisdiction report: Honouring a franchise contract

Malaysia17-09-2018Lim Eng Leong

It has been more than a year since the High Court refused La Kaffa International an application for an interim injunction to stop Loob Holding continuing its Tealive business as a replication of the Chatime franchise system.

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.

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