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German unfair competition rules on passing off continue to be relevant in practice. It is not uncommon for a company to miss filing a design or patent covering a product, but it may be able to later file an unfair competition claim against a competitor if it believes its product has been copied. 18 December 2015
Jurisdiction reports
Reputed trademarks, a creation of the Trademarks Directive and Regulation, are of paramount importance, and yet the qualification criteria are still ambiguous. In September, the Court of Justice of the European Union’s (CJEU) decision in Iron & Smith v Unilever brought welcome clarification. 18 December 2015
Jurisdiction reports
In legal terms, contributory infringement of a patent right means an act of deliberately inducing or encouraging a third party to infringe a patent, while the act as such does not directly infringe the patent. 18 December 2015
Jurisdiction reports
In the first article of this series (WIPR September/October issue), we established that the ratio (number of filings per year divided by the number of examiners, divided by 12 months) is a useful metric for assessing the workload of various patent offices. 18 December 2015
Jurisdiction reports
Many of us take for granted the lawful monopoly afforded to owners of US patents. 1 October 2015
Jurisdiction reports
Pharmaceutical trademark owners consider many factors when selecting a trademark. As it assists consumers’ decision-making process, a trademark often contains the product’s International Nonproprietary Name (INN) code and refers to the indication or feature. 1 October 2015
Jurisdiction reports
In 2003, The Pirate Bay, an online index of digital content of mostly entertainment media, was founded in Sweden. It allows visitors to download and contribute magnet links and torrent files, which facilitate peer-to-peer file-sharing among users of the BitTorrent protocol. 1 October 2015
Jurisdiction reports
A new website was one of many new things to emerge for the Companies and Intellectual Property Commission (CIPC) and its customers. Some of the many successful projects CIPC has embarked on have included the launching of electronic filing of trademark, patent, design and copyright applications in September 2013, and the launching of a free web-based electronic trademark search service in March 2015. 1 October 2015
Jurisdiction reports
Operating in Moscow since July 2013, the Intellectual Property Court was expected to raise the level of professionalism in the resolution and adjudication of intellectual property disputes, increase transparency of the decision-making, and boost confidence in the Russian IP system among domestic and foreign IP owners. 1 October 2015
Jurisdiction reports
Peru is a member of the World Intellectual Property Organization and the World Trade Organization, and a party to most intellectual property agreements, including the Berne Convention and Paris Convention. In June 2009, Peru officially became a Patent Cooperation Treaty member. 1 October 2015
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