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Jurisdiction reports
Article 30 of the Japanese Copyright Law stipulates that the reproduction of copyrighted works for personal use or other equivalent uses within a limited scope is exempt from infringing copyright (reproduction rights). 9 May 2016
Jurisdiction reports
There is an ancient Buddhist saying that goes: “It is better to conquer yourself than to win a thousand battles. Then the victory is yours.” 9 May 2016
Jurisdiction reports
For ten years, German intellectual property courts, above all the Düsseldorf District Court and Court of Appeal, have been developing and refining a procedure that allows IP owners to seek an inspection of devices presumed to infringe their rights. 9 May 2016
Jurisdiction reports
In a decision on February 4, the Court of Justice of the European Union (CJEU) ruled in proceedings concerning the infringement of a Community trademark (CTM) that were brought by the CTM’s licensee. In the case in question, which started in Germany, the licensing agreement allowed the licensee to file a suit in its own name for acts of infringement. 9 May 2016
Jurisdiction reports
In China’s patent system, there are two available routes for enforcing a patent. This is the so-called two-track system in which a patent owner, when encountering infringement of its patent, can opt to file a complaint with a local government body responsible for patent administration matters in the area (usually named a local intellectual property office). 9 May 2016
Jurisdiction reports
Following a freedom of information (FOI) request filed by Licks Attorneys, the Brazilian Patent and Trademark Office (INPI) has disclosed new information that sheds more light on its backlog problem. 9 May 2016
Jurisdiction reports
Article 5(3) of Regulation (EC) No. 44/2001, referred to as ‘Brussels I’, which covers the competence of courts in matters concerning tort, among others, provides that “a person domiciled in a member state may be sued in another member state, in the courts of the place where the harmful event occurred or may occur”. 19 February 2016
Jurisdiction reports
On December 2, 2015 a new draft of the fourth amendment to the Chinese patent law, which was sent to the State Council for review, was published. 19 February 2016
Jurisdiction reports
The much-awaited Patent Prosecution Highway (PPH) pilot programme signed between the US and Brazil came into force on January 11, 2016. Despite its limitations, the programme might speed up the examination of Brazilian applications filed and pending in Brazil after the corresponding application is granted by the US Patent and Trademark Office (USPTO). 19 February 2016
Jurisdiction reports
The IT sector is growing at an unprecedented rate with e-commerce emerging as an indispensable tool for business/commerce. With the plethora of online portals, aggregators, online/mobile businesses, content distributors providing services ranging from ticketing and travelling to matrimony, it is safe to call the internet a one-stop solution to all needs. 19 February 2016
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