Jurisdiction Reports
Jurisdiction reports
One of the requirements for a trademark to be registered in Malaysia is that the mark or device has to be used ‘in the course of trade’. A clarification of this definition was raised in the case of Mesuma Sports v Majlis Sukan Negara (2015). Kelvin Ganesan of Henry Goh reports. 1 November 2017
Jurisdiction reports
With the enactment of the America Invents Act (AIA), signed into law on September 16, 2011 and effective as of March 16, 2013, there are radically new criteria governing who will be awarded a US patent, writes Paul Sutton of Sutton Magidoff. 1 November 2017
Jurisdiction reports
The importance of trade secrets is well known in the world of IP. The TRIPS Agreement requires undisclosed information (trade secrets or know-how) to benefit from protection. Marco Conti of Bugnion reports. 26 October 2017
Jurisdiction reports
The cancellation process for unused trademarks in Russia is changing and developing. In 2013 cancellation actions were transferred for consideration by the IP Court. Previously they were considered by the Moscow Arbitration Court (2011–2013) and before that by the Patent Disputes Chamber. 24 October 2017
Jurisdiction reports
As noted by the Organisation for Economic Co-operation and Development, “public research”, meaning research primarily funded with public money and carried out by universities and public research institutions, plays an extremely important role in innovation systems by ensuring the provision of new knowledge. 24 October 2017
Jurisdiction reports
According to article 52bis of the Mexican IP Law (in force from September 17, 2010) it is possible to file a formal observation brief before the Mexican Institute of Industrial Property containing documents and arguments surrounding the patentability of an invention claimed in a patent application within a term of six months from its publication in the Official Gazette. 21 October 2017
Jurisdiction reports
Dennis Voerman is the Dutch creator of a successful cheese-based spread named Heks’nkaas. In 2011, he assigned to a company called Levola the copyright relating to the recipe, its method of preparation and the taste features of his product. 20 October 2017
Jurisdiction reports
In a landmark decision on July 11, 2017, the German Federal Court of Justice (Bundesgerichtshof) for the first time confirmed the grant of a compulsory licence under the German Patent Act (docket no. X ZB 2/17). 20 October 2017
Jurisdiction reports
To improve the handling of patent infringement cases by judges and to provide a uniform standard, the Beijing High People’s Court amended its 2013 “Guidelines for Patent Infringement Determination” and issued a new version on April 20, 2017. 19 October 2017
Jurisdiction reports
There have been very few tests of first or second medical use claims before a Malaysian court. There is still no significant limited local legal precedent established in respect of the validity and scope of such claims. Given the history and recent trend of patent litigation in Malaysia, we believe that the IP High Court will be guided by European and UK case law when a substantial case is finally litigated in Malaysia. 7 September 2017
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