Jurisdiction Reports
Jurisdiction reports
When a company receives a letter accusing it of patent infringement, or has been named as a defendant in a patent infringement lawsuit, the reactions of its management can be quite varied. Some will express emotional reactions such as “that patent is invalid and should never have been granted” or “there is no way that we infringe”. While there may ultimately be truth in such beliefs, they provide little value overall. 28 April 2017
Jurisdiction reports
The ‘loser pays’ principle has resulted in a variety of compensation awards in patent disputes, from several hundred euros to hundreds of thousands of euros. To create a semblance of predictability on the amounts, guidelines on indicative rates were introduced. 27 April 2017
Jurisdiction reports
The Mexican Institute of Industrial Property (IMPI) has adopted a new rule of requesting the applicant of a word mark to detail on the application form the letters either all in upper case or all in lower case, or the first letter in upper case and the rest in lower case (as in a typical sentence). 27 April 2017
Jurisdiction reports
Certain subject matter is excluded from patentability under Malaysian patent law and these are defined in section 13(1) of Malaysia’s Patents Act. 26 April 2017
Jurisdiction reports
In Italy, very effective precautionary procedures and remedies are at the disposal of IP owners to ensure a rapid protection of their rights. The remedies include the ability to obtain an interlocutory injunction to stop the alleged infringement and obtain the seizure of products suspected of infringing the rights. 26 April 2017
Jurisdiction reports
Bayer’s woes with the Indian legal system are far from over. In 2011, the pharmaceutical company filed a suit to restrain India-based generic maker Natco from making, importing, selling or offering for sale cancer treatment drug sorafenib, sorafenib tosylate or any other generic version. 25 April 2017
Jurisdiction reports
Knowledge of recent developments in press law and case law concerning personal rights infringement can sometimes be crucial for the press and individuals. 25 April 2017
Jurisdiction reports
Council Regulation (EC) No 207/2009 provides the rules on competence for judicial action, including on violations of rights in a European Union trademark. 25 April 2017
Jurisdiction reports
The Guidelines for Patent Examination have been amended by the State Intellectual Property Office (SIPO) and took effect on April 1, 2017. Major changes concern examination of business methods, computer program-related claims, supplementing experimental data and invalidation procedure, among others. 24 April 2017
Jurisdiction reports
For many years there has been an arbitration system in Chile to regulate the granting of internet domains that are in dispute between two or more parties. 24 April 2017
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