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Jurisdiction reports
The US Court of Appeals for the Ninth Circuit’s decision in Fleischer Studios, Inc. v AVELA, Inc., had the potential to limit brand owners’ ability to protect their marks against third party merchandising and assert their rights in trademarks. 1 December 2011
Jurisdiction reports
Acceptance of the fact that a famous brand appropriates a less known trademark enjoying earlier priority and beginning to build its position on the market would render the protection of that earlier mark merely illusory. 1 December 2011
Jurisdiction reports
The Patent Prosecution Highway pilot programme between the Taiwan Intellectual Property Office and the US Patent & Trademark Office has commenced, as of September 1, 2011. 1 December 2011
Jurisdiction reports
A remarkable preliminary court decision of the Dutch Court at The Hague of August 24 2011 in the court case regarding the Apple and Samsung smart phones and tablets has started an interesting discussion among Dutch IP lawyers. 1 December 2011
Jurisdiction reports
The very observant reader might recall our article regarding the practice adopted by NIPO with respect to marks that were said to be perceived as so-called ‘model indications’ only. 1 December 2011
Jurisdiction reports
The Trademark Law of the People’s Republic of China was first promulgated in 1982 and entered into force in 1983; it was revised for the first time in 1993 and again in 2001. 1 December 2011
Jurisdiction reports
Supplementary protection certificates (SPCs) for human and veterinary medicinal products, as well as for plant protection products, became available in Romania upon the accession to the EU, on January 1 2007, under the EU legislation. 1 December 2011
Jurisdiction reports
It is not always obvious which part of a computer program can be protected using intellectual property. Piotr Niezgódka takes a look. 1 December 2011
Jurisdiction reports
Though China's new patent law came into force in 2009, companies are still working through its ramifications. Sandy Tam explains. 1 December 2011
Jurisdiction reports
When a container first sold by Company A, whose shape is protected by a 3D trademark, is used by Company B to be refilled with that Company B’s product, should this be considered as a trademark infringement? 1 December 2011
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