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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
On August 30, 2013, the Standing Committee of the National People’s Congress (NPC), China’s top legislature, concluded its session, adopting the third amendment to the Trademark Law that aims to better protect exclusive trademark rights. 1 November 2013
Jurisdiction reports
In WIPR Issue 6 2010, we discussed the new divisional system under Rule 36 EPC, which stipulates a 24-month deadline triggered by the examining division’s first communication in respect of the earliest application for which a communication pursuant to Article 94(3) EPC has been issued, or any other communication from the European Office Patent (EPO) in which the examining division raises a specific non-unity objection under Article 82 EPC for the first time. 1 November 2013
Jurisdiction reports
The inventive step of an invention always takes centre stage when prosecuting patent applications or enforcing patent rights in Taiwan. 1 November 2013
Jurisdiction reports
Even though Turkey is a party to international conventions and has harmonised its trademark laws with those of the EU, there are certain aspects and practices distinctive to Turkish trademark law. 2 September 2013
Jurisdiction reports
Chile is a small but relatively successful country, which has enjoyed commercial stability and growth over the past 30 years, since it implemented the free market economy at the beginning of the 1980s. 1 September 2013
Jurisdiction reports
When it comes to well-known marks and unfair competition, the statute of limitations is a controversial issue. 1 September 2013
Jurisdiction reports
The most significant revision of Belgian patent law since the 1984 Patent Act was approved by the Belgian legislator on January 10, 2011. 1 September 2013
Jurisdiction reports
The history of comparative advertising dates back to the beginning of commerce itself. It has always been normal for a trader to attempt to enjoy pecuniary benefits by drawing a comparison between the qualities of his products/services and a competitor’s. 1 September 2013
Jurisdiction reports
The Federal Court has confirmed that professional designations may function as certification marks, provided the professional designation meets the criteria for certification marks set out in the Trade-marks Act. 1 September 2013
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