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A landmark decision of the Supreme Court of Canada has been released which will serve as an important precedent in many fundamental areas of Canadian copyright law, including the test for determining if a “substantial part” of a work has been copied, assessment of damages, use of experts in a copyright context and the vicarious liability of directors for infringement. 1 February 2014
Jurisdiction reports
The Brazilian IP community has great expectations for 2014, despite distracting events: a carnival in March, the FIFA World Cup in June and elections in October. 1 February 2014
Jurisdiction reports
‘Birthday trains’ are toys, usually made of wood, with holes in each wagon in which little candles can be stuck. They are very popular in Germany to celebrate children’s birthdays. 1 February 2014
Jurisdiction reports
The Unregistered Community Design (UCD) generated apparently little interest when it was created by the Council Regulation (CE) 6/2002 of December 12, 2001 on Community Designs. 1 February 2014
Jurisdiction reports
In Camworth Technologies Ltd v Videx Wire Products (Pty) Ltd, the Supreme Court of Appeal heard an appeal from the Court of the Commissioner of Patents, where the respondent, Videx, had successfully obtained a declaration of non-infringement in terms of Section 69(1) of the Patents Act. 1 February 2014
Jurisdiction reports
A decision last year ruled that invoking the exercising rights arising from a registration certificate is not always lawful. The Council of Appellate Circuits of the Turkish Court of Appeals awarded damages to a party on the basis of another party registering an industrial design with the TPI in bad faith. 1 February 2014
Jurisdiction reports
The Taiwan Patent Act enforced in 2013 has added design protection for computer-generated graphic images to meet industrial needs and international trends. 1 February 2014
Jurisdiction reports
Preliminary discussions took place in the Japan Patent Office (JPO) in 2013 to change Japan’s patent law, based on the report entitled Toward Early Acquisition of Strong and Stable Patent Rights and Improvement of User-Friendliness, issued by the JPO’s Patent System Subcommittee in February 2013. 1 February 2014
Jurisdiction reports
From a legal perspective, what happens in a situation when genuine articles manufactured by the actual manufacturer, such as high pressure vessels or electrical goods, are imported into South Africa, but where the manufacturer’s labels have been removed and replaced with falsified labels which bear fictitious serial numbers, and do not specify the electrical, oil and refrigerant information which is critical to safe and efficient installation and operation of the goods, but which bear the manufacturer’s trademarks? 1 November 2013
Jurisdiction reports
The first instance administrative court had agreed with the nullity action of the trademark, but the second instance changed this verdict because it does not make sense to annul a trademark which is also an appellation of origin, even if it is stipulated in the IP law. 1 November 2013
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