France jurisdiction report: Good news for parallel importers
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
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
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
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
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
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
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
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
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
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.
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Law Firms
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USA
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Caribbean, EU, Central America, Latin America, South America
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Malaysia, Singapore, Brunei
Caribbean Trademark Services - Law Office of George C. J. Moore PA
Caribbean
Caribbean Trademark Services - Law Office of George C. J. Moore PA
Caribbean
