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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.

Germany jurisdiction report: The difference between repair and remake

Germany15-02-2018Jens Künzel

The rules on exhaustion of patent rights allow a patented product which has been brought onto the market with the consent of the patent owner to be used by the buyer.

France jurisdiction report: Caution on the impact of Brexit

EU, France13-02-2018Aurélia 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.

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