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If the Taiwan Intellectual Property Office (TIPO) and the Appeal Board of the Ministry of Economic Affairs both reject and dismiss a third-party action for patent invalidation, the petitioner may bring the case to the Intellectual Property Court (IPC) and submit new supporting evidence. 20 May 2016
Jurisdiction reports
A fair, reasonable and non-discriminatory (FRAND) licensing agreement (also sometimes known as RAND) is “a licensing obligation that is often required by standards organisations for members that participate in the standard-setting process”, according to Wikipedia. 20 May 2016
Jurisdiction reports
In the past Russia has had a bad reputation for enforcing intellectual property rights. The competence and expertise of courts in IP matters has been especially questionable. Even after several changes in legislation and practices, many IP owners still have doubts about the existence of effective mechanisms for protecting and, especially, enforcing IP rights in Russia. 20 May 2016
Jurisdiction reports
According to Directive (EU) 2015/2436 on harmonising EU member states’ trademark laws, states must transpose the directive into their national laws by January 2019. The exception is for the provisions on the procedure for revocation and invalidity, for which the deadline has been extended to January 2023. 20 May 2016
Jurisdiction reports
On September 2, 2015 the Court of The Hague passed a judgment in a case between Wibit-Sports and Aquaparx. Wibit-Sports invoked its copyright and registered Community designs (RCDs) covering several inflatable water toys for use in amusement parks. In response Aquaparx claimed invalidity of the RCDs owned by Wibit-Sports, stating that those designs are solely dictated by their technical function. 20 May 2016
Jurisdiction reports
The Mexican Institute of Industrial Property (IMPI) is considered to be one of the main patent offices in Latin America. 20 May 2016
Jurisdiction reports
‘Dodol’ is a thick, sticky, sweet toffee-like confection made from coconut milk, jaggery and rice flour. It is popular in many parts of South and Southeast Asia, including Malaysia. 20 May 2016
Jurisdiction reports
On March 30, 2016, the Japan Patent Office (JPO) published “Interim Handling Procedures for Examinations and Appeal/Trials involving Product-by-Process Claims” in response to decisions rendered by Japan’s Supreme Court on June 5, 2015. 20 May 2016
Jurisdiction reports
The administrative opposition procedure for national trademark applications (introduced in 2011) provides two grounds for opposition. 20 May 2016
Jurisdiction reports
Germany’s Unfair Competition Act forbids advertising that unlawfully disturbs or harasses the consumer. As a rule, advertising constitutes unlawful harassment if, inter alia, it is sent by email without the express consent of the recipient. 20 May 2016
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