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Jurisdiction reports
On March 30, 2016, the Japan Patent Office (JPO) published “Interim Handling Procedures for Examinations and Appeal/Trials involving Product-by-Process Claims” in response to decisions rendered by Japan’s Supreme Court on June 5, 2015. 20 May 2016
Jurisdiction reports
The administrative opposition procedure for national trademark applications (introduced in 2011) provides two grounds for opposition. 20 May 2016
Jurisdiction reports
Germany’s Unfair Competition Act forbids advertising that unlawfully disturbs or harasses the consumer. As a rule, advertising constitutes unlawful harassment if, inter alia, it is sent by email without the express consent of the recipient. 20 May 2016
Jurisdiction reports
European Directive 2004/48/EC (the enforcement of intellectual property rights directive) allows an injured IP owner seeking compensation to choose between different methods for evaluating the loss/injury suffered because of the infringement and compensating for it. 20 May 2016
Jurisdiction reports
For 13 consecutive years, China has handled the most trademark applications and registrations. According to statistics, by September 2015 the cumulative number of trademark applications in China amounted to 17.6 million and the total number of trademark registrations was 11.8 million. 20 May 2016
Jurisdiction reports
Licks Attorneys is committed to investigating the underlying causes and consequences of the Brazilian Patent and Trademark Office’s (INPI) backlog of patent examinations. Our firm filed 11 freedom of information (FOI) requests under the Brazilian Information Transparency Act in order to obtain access to new, undisclosed data that shed light on the backlog problem. 20 May 2016
Jurisdiction reports
On February 20, Apple suffered a humiliating defeat in one of its latest patent wars with its component supplier Samsung Electronics. 9 May 2016
Jurisdiction reports
The Turkish Patent Institute (TPI) opened the Draft Industrial Property Law for public consultation and that period closed on March 4. The draft law contains provisions on trademarks, patents, industrial designs and geographical indications, all of which are currently addressed by separate decree laws. 9 May 2016
Jurisdiction reports
Last year, the Taiwan Intellectual Property Court issued a judgment (101-CPL-112) holding that the patentee in an exclusive licensing deal in which no royalties have been paid has no standing to sue for patent infringement. 9 May 2016
Jurisdiction reports
Actively dealing with infringement is vital when protecting intellectual property. There should be actual rights to enforce, however, and making indiscriminate claims purporting infringement of a patent or other IP right is prohibited. 9 May 2016
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