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Jurisdiction reports
In previous issues we have discussed the influence of G2/07 and G1/08, also known as the ‘broccoli’ and ‘tomato’ cases, on the patentability of plants which have been, or could have been, obtained by methods excluded from patentability. 1 February 2014
Jurisdiction reports
In October 2013, the Finnish government commissioned the Ministry of Education and Culture to amend the Copyright Act in accordance with the objectives set out in the government policy programme. 1 February 2014
Jurisdiction reports
In Camworth Technologies Ltd v Videx Wire Products (Pty) Ltd, the Supreme Court of Appeal heard an appeal from the Court of the Commissioner of Patents, where the respondent, Videx, had successfully obtained a declaration of non-infringement in terms of Section 69(1) of the Patents Act. 1 February 2014
Jurisdiction reports
‘Birthday trains’ are toys, usually made of wood, with holes in each wagon in which little candles can be stuck. They are very popular in Germany to celebrate children’s birthdays. 1 February 2014
Jurisdiction reports
The Metropolitan Court has ruled on a trademark infringement and issued an injunction prohibiting future use of a particular designation for which a pharmaceutical company obtained a MA from the Hungarian Regulatory Authority for an over-the-counter painkiller and anti-inflammatory drug. 1 February 2014
Jurisdiction reports
Trademark owners in Mexico regularly have to deal with concerns about the appropriate way of “marking”—the display of the legend “registered trademark” the letters MR or the ® symbol on the products or services covered—in the jurisdiction, even though marking is not a compulsory measure. 1 February 2014
Jurisdiction reports
The Unregistered Community Design (UCD) generated apparently little interest when it was created by the Council Regulation (CE) 6/2002 of December 12, 2001 on Community Designs. 1 February 2014
Jurisdiction reports
There is a surprising failure to appreciate the value and importance of US ‘freedom-to-operate’ (FTO) opinions, which determine whether commercialising a product will infringe others’ valid intellectual property rights. 1 February 2014
Jurisdiction reports
A landmark decision of the Supreme Court of Canada has been released which will serve as an important precedent in many fundamental areas of Canadian copyright law, including the test for determining if a “substantial part” of a work has been copied, assessment of damages, use of experts in a copyright context and the vicarious liability of directors for infringement. 1 February 2014
Jurisdiction reports
Piracy has been about for hundreds of years and has kept up with time. Instead of being (solely) active on the high seas, it now targets copyrighted material available on the Internet. 1 February 2014
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