Jurisdiction Reports
Jurisdiction reports
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. 17 September 2018
Copyright
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. 17 September 2018
Copyright
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). 14 September 2018
Jurisdiction reports
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. 14 September 2018
Jurisdiction reports
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. 14 September 2018
Jurisdiction reports
In mid-May 2018, a new draft bill of Taiwan’s Patent Law was published by the Taiwan Intellectual Property Office. 13 September 2018
Jurisdiction reports
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. 13 September 2018
Jurisdiction reports
In many countries, absolute grounds for trademark refusal covers only the obstacles causing refusal based on the mark’s own features and public interest. Earlier marks are not stated in these grounds. 12 September 2018
Jurisdiction reports
In patent and other types of lawsuits, an equitable defence is permitted where a defendant has a burden of proving that the plaintiff has acted unethically or has acted in bad faith with respect to the subject matter of the complaint. It is sometimes referred to as the ‘unclean hands’ doctrine, where those seeking equity must do equity. A judge has the power to sanction attorneys and parties. 12 September 2018
Copyright
Can an image of a castle belonging to the French public domain be reproduced for commercial use without financial compensation to, or authorisation from, the public institution in charge of the Chambord Estate, in the Loire Valley? 6 August 2018
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