Jurisdiction Reports
Jurisdiction reports
In a landmark decision on July 11, 2017, the German Federal Court of Justice (Bundesgerichtshof) for the first time confirmed the grant of a compulsory licence under the German Patent Act (docket no. X ZB 2/17). 20 October 2017
Jurisdiction reports
To improve the handling of patent infringement cases by judges and to provide a uniform standard, the Beijing High People’s Court amended its 2013 “Guidelines for Patent Infringement Determination” and issued a new version on April 20, 2017. 19 October 2017
Jurisdiction reports
There have been very few tests of first or second medical use claims before a Malaysian court. There is still no significant limited local legal precedent established in respect of the validity and scope of such claims. Given the history and recent trend of patent litigation in Malaysia, we believe that the IP High Court will be guided by European and UK case law when a substantial case is finally litigated in Malaysia. 7 September 2017
Jurisdiction reports
Seventy years have passed since the first Lambretta motorcycle was manufactured in Lambrate, a northeastern district of Milan that owes its name to the Lambro River in the area. 7 September 2017
Jurisdiction reports
On June 30, 2017, the Shanghai Intellectual Property Court released a brief report on a first instance decision on an infringement litigation case with regard to an industrial sewing machine patent in which a Chinese company (defendant) was ordered to pay RMB 5.5 million ($810,000) damages to the plaintiff Brother Industries. 5 September 2017
Jurisdiction reports
The US Patent Act, including sections 271 and 154(a) of 35 USC, grants the owners of patents the lawful monopoly right, during the term of the patents, to prevent others from infringing, such as by making, using, selling, and/or offering for sale in the US the patented invention(s). 21 August 2017
Jurisdiction reports
Turkey has developed a reputation over the last decade as an important player in Europe’s automotive industry. Significant local investment has supported the country to earn a reputation for having important original equivalent spare parts manufacturers. General legislative trends also suggest a wider policy intention to promote and encourage the equivalent parts segment of the industry. 30 June 2017
Jurisdiction reports
On February 13, 2017 the new Swedish Patent and Market Court of Appeal issued a decision that internet service provider Bredbandsbolaget has to implement technical blocking measures for three years to prevent its subscribers from accessing file-sharing sites The Pirate Bay and SweFilmer. 29 June 2017
Jurisdiction reports
The IP Translator decision, which required trademark owners to specify the goods and services applied for, does not apply retroactively to trademarks registered before this decision. 14 June 2017
Jurisdiction reports
Uploading films and music to file-sharing networks is an infringement of copyright pertaining to those films and music, and rights owners still vigorously pursue claims against people who they believe have committed infringement. 3 June 2017
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