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Jurisdiction reports
In an earlier report, I adopted a cautious view of the effect of the Supreme Court of Appeal’s decision in BMW v Grandmark International on original equipment manufacturers (OEM) seeking to compete in the South African market. 1 May 2015
Jurisdiction reports
In Russia, design protection has been based on a combination of pictures and written claims. The scope of protection conferred by a design patent has been determined by the sum of the essential features as shown in the pictures of the design and listed in the claimed essential features filed by the applicant and accepted by Rospatent. 1 May 2015
Copyright
The experience of the taste of food is very personal. Someone’s preferences might change over time, and the tasting experience of food can also change. For good reason, the saying goes ‘there’s no accounting for taste’. This may also imply that a taste is too subjective to be protected by copyright, but a ruling on January 13, 2015 by the District Court of the Hague suggests otherwise. 1 May 2015
Jurisdiction reports
The experimental evidence accompanying a patent application is one of the most important parts of the specification, especially when it comes to biotechnology, pharmaceutical and chemical inventions, as this type of evidence helps people to understand in an applied manner the teachings of the invention. 1 May 2015
Jurisdiction reports
On February 2, 2015, the Italian Patent and Trademark Office (UIBM) opened a new chapter in its history by finally introducing a system that allows any applicant, whether an individual, registered company or a patent/trademark attorney, to file applications for new patents, trademarks, or industrial designs online. 1 May 2015
Jurisdiction reports
Patent protection is restricted to a certain territory; there is no extra-territorial protection. However, under some circumstances, actions abroad may constitute direct or indirect infringement of domestic patents. 1 May 2015
Jurisdiction reports
In France, automotive spare parts can be protected by design rights or copyright if they meet the conditions for protection provided by the national laws, whereas they are no longer protectable in many European countries and cannot be protected by a Community design. 1 May 2015
Jurisdiction reports
On January 29, 2015, China’s Supreme People’s Court published its decision on revising the judicial interpretation of patent disputes—Several Provisions of the Supreme People’s Court on Issues Concerning the Application of Law in Trial of Patent Disputes Cases. 15 April 2015
Copyright
Canada has long been criticised for its policies regarding the combating of counterfeit goods, especially regarding the border enforcement of intellectual property rights. 15 April 2015
Jurisdiction reports
Intellectual property owners filing patent, industrial design and trademark applications in Brazil struggle with the large backlog at the Brazilian Patent and Trademark Office. 15 April 2015
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