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France jurisdiction report: Caution on the impact of Brexit

EU, France, UK13-02-2018Aurélia Marie

Since the vote in favour of Brexit on June 24, 2016 and the official implementation of article 50 of the Lisbon Treaty on March 29, 2017 by the UK, triggering the process of its exit from the EU, negotiations have begun with the European Commission.

China jurisdiction report: Competition rules in app stores

China13-02-2018Jian Kun Feng and Xu Li

In recent years, the mobile app market has become a major battleground in the area of smartphones. App stores are the competitive focus among all the phone manufacturers and third party downloadable service providers. However, there has not been any concrete regulation on app market competition, thus causing many disputes between the various interested parties, some of which have brought cases before the courts.

Germany jurisdiction report: Passing off, asserting originality

Germany27-11-2017Jens Künzel

In Germany, claims for passing off may be successfully asserted where the original product concerned consists of technical and design features and the technical features contribute to the product’s “originality”.

Malaysia jurisdiction report: The complex interplay between designs and copyright

Malaysia24-11-2017Dave Wyatt

A 2015 decision of the Ipoh High Court considered the difficult question of whether copyright can exist in a registered industrial design.

Italy jurisdiction report: Calculating reasonable royalties

Italy24-11-2017Valentina Gazzarri

When judges rule on patent infringement, they usually also rule on compensation.

Romania jurisdiction report: Keeping judges on the straight and narrow

Romania22-11-2017Raluca Vasilescu

I once had the opportunity to read documents from a very old trial, before World War 1. It was just like reading a mysterious foreign language, with so many expressions that are forgotten today. One of them, however, impressed me very much: a fairly accurate translation would be “in the light of the wisdom of the judge”. All the context suggested that the judge was seen somehow as a source providing wisdom.

Netherlands jurisdiction report: EU trademark reform and its effects on practice

Netherlands22-11-2017Michiel Rijsdijk

As of October 1, 2017 the last part of the new EU trademark regulation has come into effect. There has been a substantial number of publications inside and outside the EU on what to expect from the new regulation. Below is a short overview with some practical pointers on how the new regulation will affect trademark practice in the EU.

Mexico jurisdiction report: Further hope for non-traditional marks

Mexico22-11-2017Stefi Leunig

The current Mexican IP legislation covers the following trademark types: word marks, design (figurative) marks, 3D marks, and composite marks (mix of any of the types of marks).

China jurisdiction report: The golden age of patent wars

China22-11-2017Hui Wang and Xu Li

Once upon a time, ‘patent’ was an unfamiliar word to the Chinese people, and a patent war was an alien concept. However, with millions of patent applications and trademark registrations having been filed year after year in China, a patent war has become another method of commercial competition in this country.

France jurisdiction report: Many names, one owner

France21-11-2017Aurélia Marie

Extra-judicial proceedings can be initiated by a trademark owner against an alleged domain name registered fraudulently, to obtain its withdrawal or transfer through a decision rendered by one or several panellists.

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