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Jurisdiction reports
In a decision on February 4, the Court of Justice of the European Union (CJEU) ruled in proceedings concerning the infringement of a Community trademark (CTM) that were brought by the CTM’s licensee. In the case in question, which started in Germany, the licensing agreement allowed the licensee to file a suit in its own name for acts of infringement. 9 May 2016
Jurisdiction reports
In China’s patent system, there are two available routes for enforcing a patent. This is the so-called two-track system in which a patent owner, when encountering infringement of its patent, can opt to file a complaint with a local government body responsible for patent administration matters in the area (usually named a local intellectual property office). 9 May 2016
Jurisdiction reports
Following a freedom of information (FOI) request filed by Licks Attorneys, the Brazilian Patent and Trademark Office (INPI) has disclosed new information that sheds more light on its backlog problem. 9 May 2016
Jurisdiction reports
Article 5(3) of Regulation (EC) No. 44/2001, referred to as ‘Brussels I’, which covers the competence of courts in matters concerning tort, among others, provides that “a person domiciled in a member state may be sued in another member state, in the courts of the place where the harmful event occurred or may occur”. 19 February 2016
Jurisdiction reports
On December 2, 2015 a new draft of the fourth amendment to the Chinese patent law, which was sent to the State Council for review, was published. 19 February 2016
Jurisdiction reports
The much-awaited Patent Prosecution Highway (PPH) pilot programme signed between the US and Brazil came into force on January 11, 2016. Despite its limitations, the programme might speed up the examination of Brazilian applications filed and pending in Brazil after the corresponding application is granted by the US Patent and Trademark Office (USPTO). 19 February 2016
Jurisdiction reports
The IT sector is growing at an unprecedented rate with e-commerce emerging as an indispensable tool for business/commerce. With the plethora of online portals, aggregators, online/mobile businesses, content distributors providing services ranging from ticketing and travelling to matrimony, it is safe to call the internet a one-stop solution to all needs. 19 February 2016
Jurisdiction reports
After years of negotiations, Malaysia, Brunei, Chile, New Zealand, Singapore, Australia, Canada, Japan, Mexico, Peru, the US and Vietnam last year reached a multilateral free trade agreement on various economic policies called the Trans-Pacific Partnership (TPP). 19 February 2016
Jurisdiction reports
Mexico does not apply the following Patent Cooperation Treaty (PCT) provisions on priority rights restoration that were enacted in 2007: the “effect of restoration of right of priority by receiving office” (rule 49ter.1) and the “restoration of right of priority by designated office” (rule 49ter.2). 19 February 2016
Jurisdiction reports
Famous designer furniture or lighting can seem timeless, but the underlying designs are subject to copyright in Germany for 70 years after the author or creator dies. Exclusive licensees, which can be famous manufacturers of quality furniture in their own right, have a reason to sell their goods at notably high prices—they have to pay a licence until the copyright expires. 19 February 2016
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