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Tips on filing national phase PCT applications

Peru03-10-2016Gino Piaggio

Before filing a Patent Cooperation Treaty (PCT) application into the national phase in Peru, it is important to know that Peruvian patent law grants patents only for goods or processes, but not their uses. According to article 14 of Decision No. 486 of the Andean Community, which governs the law in Peru: “Patents shall be granted for inventions, whether goods or processes, if they are new, involve an inventive step and are industrially applicable.”

Brilliant ideas and inventive step

Netherlands03-10-2016Michiel Rijsdijk

A rusk is an essential part of a typical Dutch breakfast. But before you can eat it, it’s a big challenge to get it out of its tight wrapper without the brittle product falling apart.

The sticky problem of proving first use

Mexico03-10-2016Carlos Hernández León

In accordance with Mexican intellectual property law and regulations, a trademark applicant must indicate the date of first use in the application. The date cannot be amended after the application is filed.

The rising tide of unusual trademark applications

Japan03-10-2016Ryo Maruyama

On May 17, 2016, the Japan Patent Office (JPO) issued an announcement titled “Caution to trademark owners whose trademarks might have been filed for registration by other persons”. It ensures that much public attention is being given to the unusual recent mass number of trademark applications made by certain entities and persons.

The importance of clarity

Italy03-10-2016Marco Conti and Valentina Gazzarri

A decision by the Court of Milan (R.G. 54450/2012) in January 2015 held that an Italian part of a European patent was invalid for, inter alia, having a lack of essential features in the independent claims.

Equivalence: the swinging pendulum

Germany03-10-2016Jens Künzel

From the perspective of a practitioner in patent infringement law, the German courts’ take on equivalence may be illustrated as a wave movement, or a pendulum that constantly, if unevenly, swings back and forth. Sometimes it appears to be more in favour of broadening the criteria for patent infringement based on equivalence, sometimes it appears to be more restrictive.

Domain name protection made simple

France03-10-2016Aurélia Marie

The French alternative dispute resolution (ADR) procedure, named Syreli, applicable when a .fr domain has been registered in contravention of prior rights, entered into force on November 21, 2011 and is enforced by AFNIC, the French body responsible for internet regulation.

Protecting graphical user interfaces

China03-10-2016Guangyu Zhang

A graphical user interface (GUI) refers to an interface presented as a graph or image in a display which links to an operating system. A user can perform an operation by clicking the graph or image in the interface.

Legislative reform hits the buffers

Chile03-10-2016Rodrigo Cooper

In 2013, the Chilean government sent a draft law to Congress aiming not just to modify industrial property legislation, but to completely replace it.

Registered design right protection coming to the Cayman Islands

Cayman Islands03-10-2016Sophie Davies

Owners of UK registered designs and registered Community designs (RCDs) will soon have the opportunity to re-register their rights in the Cayman Islands.

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