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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
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
In previous issues we have discussed the influence of G2/07 and G1/08, also known as the ‘broccoli’ and ‘tomato’ cases, on the patentability of plants which have been, or could have been, obtained by methods excluded from patentability. 1 February 2014
Jurisdiction reports
In October 2013, the Finnish government commissioned the Ministry of Education and Culture to amend the Copyright Act in accordance with the objectives set out in the government policy programme. 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 Metropolitan Court has ruled on a trademark infringement and issued an injunction prohibiting future use of a particular designation for which a pharmaceutical company obtained a MA from the Hungarian Regulatory Authority for an over-the-counter painkiller and anti-inflammatory drug. 1 February 2014
Jurisdiction reports
Trademark owners in Mexico regularly have to deal with concerns about the appropriate way of “marking”—the display of the legend “registered trademark” the letters MR or the ® symbol on the products or services covered—in the jurisdiction, even though marking is not a compulsory measure. 1 February 2014
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