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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
Copyright
The problem when a text protected by a copyright may be used in the form of a ‘citation’ regularly arises in copyright law. It is maybe not so common in the context of design law. 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
On September 16, 2011, President Barack Obama signed into US law HR 1249, which is also called the Leahy-Smith America Invents Act. 1 December 2011
Jurisdiction reports
The Council of Appellate Circuits of the Turkish Court of Appeals (the council) recently rendered a key decision with regard to well-known trademarks’ usage requirements in different classes. 1 December 2011
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
A typical prior art search for non-patent literature often involves primary or secondary sources of literature, but in many cases, does not include citations that can be found in both the patent and non-patent literature. 1 October 2011
Jurisdiction reports
Three new Caribbean jurisdictions recently joined the world of IP practice: Curaçao, St. Maarten and the BES Islands—all emerging in the wake of the Netherlands Antilles, which was dissolved on October 10, 2010. 1 October 2011
Jurisdiction reports
The JPO strives to continually improve the patent system to better serve the needs of patent applicants and the public in view of globalisation and growing innovation. Kenji Sugimara and Takahiro Yamazaki explain. 1 October 2011
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