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Jurisdiction reports
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
Deere & Company is a registrant of a colour combination mark in China in respect of tractors, harvesting machines and related goods. 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
There is a surprising failure to appreciate the value and importance of US ‘freedom-to-operate’ (FTO) opinions, which determine whether commercialising a product will infringe others’ valid intellectual property rights. 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
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
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
Copyright in Finland is currently in flux. 1 November 2013
Jurisdiction reports
The Patent Prosecution Highway (PPH) is an international framework in which patent prosecution may be accelerated in one jurisdiction if the claims in a corresponding application are allowed by a second jurisdiction. The two jurisdictions must have a bilateral PPH agreement. 1 November 2013
Jurisdiction reports
The first Malaysian appellant court decision on geographical indications arose from a recent appeal by Chocosuisse Union des Fabricants Suisses de Chocolat, Kraft Foods Schweiz AG and Nestlé Suisse SA (the appellants) against a decision of the High Court which found in favour of the Maestro Swiss group of companies. 1 November 2013
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