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Jurisdiction reports
On May 12, 2010, Brazil’s delegation to the WTO requested consultations with the EU and the Netherlands over the alleged seizure of shipments of generic drugs en route from India to Brazil and in transit through the Netherlands. 1 August 2010
Jurisdiction reports
Comparative advertising makes claims for a given product over others. While India does not have a dedicated statute governing comparative advertising, it is addressed by the Trademarks Act, 1999. 1 August 2010
Jurisdiction reports
For the first time in 20 years, in 2009, the number of applications filed under the European Patent Convention (EPC) decreased—by eight percent, from 146,600 in 2008 to 134,500 in 2009. 1 August 2010
Jurisdiction reports
At the beginning of May 2010, the Municipal Court of Bucharest delivered its motivation for a November 2009 court decision in favour of cancelling a Romanian trademark on bad faith grounds. 1 August 2010
Jurisdiction reports
Thailand’s administrative authorities and judiciary protect well-known marks very effectively. 1 August 2010
Copyright
Germany’s Federal Supreme Court handed down a decision in May 2010 concerning the conditions under which owners of wireless LAN routers may be held responsible for third parties downloading pirated material using their routers. 1 August 2010
Copyright
Israel submitted accession papers to WIPO at the end of May, and from September 1, 2010, it will be possible to file trademarks in Israel using the Madrid Protocol. 1 August 2010
Jurisdiction reports
A common problem of opposition proceedings arises when the rights to a given phrase are acquired by the applicant based on an earlier registration. 1 August 2010
Jurisdiction reports
The Supreme Court promulgated its decision in Superior Commercial Enterprises, Inc. v. Kunnan Enterprises Ltd., affirming its previous ruling that the registration of a trademark by an exclusive distributor belongs to the manufacturer. 1 August 2010
Copyright
The Dutch copyright act is heading for a major change if the Dutch government’s recent proposal for copyright contract law gains public support. 1 August 2010
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