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Italy jurisdiction report: Keeping advertisers in line

Italy09-04-2018Valentina Gazzarri and Elisabetta Guolo

The Istituto dell’Autodisciplina Pubblicitaria (IAP) is the Italian advertising standards authority, a private body created in 1966 with the aim of ensuring that every marketing communication must be honest, fair and truthful.

Germany jurisdiction report: Chocolate packaging and protection

Germany09-04-2018Jens Künzel

In Germany and all over Europe, Ritter Sport is a well-known brand for chocolate products. At least in Germany, the special form in which Ritter Sport chocolate bars are packaged—a quadratic form with a wrapping paper that can easily be opened by breaking the quadrat in half—contributes to the product’s special appeal to consumers (at least in this author’s mind).

France jurisdiction report: Protecting the Olympic spirit

France09-04-2018Aurélia Marie

Paris will welcome the summer Olympic Games in 2024. It will be the third time, after 1900 and 1924. An organising committee has been set up and includes 15 major French companies as partners. One-and-a-half billion euros are expected from those companies towards funding of the event.

US jurisdiction report: Powwows for patent owners

19-02-2018Paul J Sutton

It has been years since indigenous tribes located in North America, commonly referred to as Native Americans, have been participants in a war involving the US government. However, a new and very different type of intellectual property-related war is currently brewing and it involves, of all things, US patents that have been granted.

Sweden jurisdiction report: The true value of a brand

Sweden19-02-2018Maria Zamkova

Each year, a number of brand indexes are published in Sweden, for the benefit of trademark owners and customers. The ranking results, however, depend considerably on the basis for the investigations, the questions and what the survey wants to show.

Netherlands jurisdiction report: Director liability in trademark cases

Netherlands19-02-2018Michiel Rijsdijk

The subject of director liability seems at first sight to be restricted to company law. Case law shows that it can be rewarding to apply director liability to trademark infringement cases as well. The District Court in The Hague (June 27, 2017, in the case of Tommy Hilfiger) has given pointers on how to establish liability of directors in case of trademark infringement.

Mexico jurisdiction report: The treatment of personal data

Mexico19-02-2018Emilio Garate

The Federal Law on the Protection of Personal Data in Possession of Third Parties 2010 sets a legal framework in which any third party that holds or intends to collect personal data must notify the intended use of that information to its owner.

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.

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