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Jurisdiction reports
According to Article 83 of the European Patent Convention an invention must be disclosed in a patent application in a manner sufficiently clear and complete for it to be carried out by a person skilled in the art. 1 September 2013
Jurisdiction reports
On July 2, 2013, Shanghai No. 1 Intermediate People’s Court held a public hearing of a patent infringement case in which Zhizhen Technology Inc of Shanghai sued Apple Inc and Apple Computer Trading (Shanghai) Co Ltd. 1 September 2013
Jurisdiction reports
The requirement of genuine use is assessed strictly in both national and European trademark practice. Use without registration can also provide certain rights to the users. 1 September 2013
Jurisdiction reports
Actively dealing with infringement is vital when dealing with IP. There should be actual rights to enforce. Indiscriminate claims purporting infringement of a patent or other IP rights are prohibited. 1 September 2013
Jurisdiction reports
The history of comparative advertising dates back to the beginning of commerce itself. It has always been normal for a trader to attempt to enjoy pecuniary benefits by drawing a comparison between the qualities of his products/services and a competitor’s. 1 September 2013
Jurisdiction reports
On August 3, President Obama’s administration did the unexpected. A Samsung legal victory was destroyed by the administration’s vetoing of a US International Trade Commission ban on the import and sale of a number of Apple’s iPhones and iPads. 1 September 2013
Jurisdiction reports
In resolving conflicts of marks in inter partes cases or infringement cases which necessarily involve the determination of whether the marks involved are confusingly similar, courts are consistent on only one point: each case is unique and must be decided based on the circumstances peculiar to it. 1 September 2013
Jurisdiction reports
Historically, the UK has taken a relatively narrow approach to the implementation of the governing EU Directives on statutory copyright exemptions. 1 September 2013
Jurisdiction reports
In South Africa there is no substantive examination of the claims of a patent application. Once the required formalities of an application have been met, it proceeds to acceptance, publication and grant. 1 September 2013
Jurisdiction reports
In Germany, as in many other European jurisdictions, claimants may not only rely on registered design rights in order to attack pirated or otherwise copied products. 1 September 2013
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