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A landmark decision of the Supreme Court of Canada has been released which will serve as an important precedent in many fundamental areas of Canadian copyright law, including the test for determining if a “substantial part” of a work has been copied, assessment of damages, use of experts in a copyright context and the vicarious liability of directors for infringement. 1 February 2014
Jurisdiction reports
There is a surprising failure to appreciate the value and importance of US ‘freedom-to-operate’ (FTO) opinions, which determine whether commercialising a product will infringe others’ valid intellectual property rights. 1 February 2014
Jurisdiction reports
The Brazilian IP community has great expectations for 2014, despite distracting events: a carnival in March, the FIFA World Cup in June and elections in October. 1 February 2014
Jurisdiction reports
Deere & Company is a registrant of a colour combination mark in China in respect of tractors, harvesting machines and related goods. 1 February 2014
Jurisdiction reports
In previous issues we have discussed the influence of G2/07 and G1/08, also known as the ‘broccoli’ and ‘tomato’ cases, on the patentability of plants which have been, or could have been, obtained by methods excluded from patentability. 1 February 2014
Jurisdiction reports
In October 2013, the Finnish government commissioned the Ministry of Education and Culture to amend the Copyright Act in accordance with the objectives set out in the government policy programme. 1 February 2014
Jurisdiction reports
In WIPR Issue 6 2010, we discussed the new divisional system under Rule 36 EPC, which stipulates a 24-month deadline triggered by the examining division’s first communication in respect of the earliest application for which a communication pursuant to Article 94(3) EPC has been issued, or any other communication from the European Office Patent (EPO) in which the examining division raises a specific non-unity objection under Article 82 EPC for the first time. 1 November 2013
Jurisdiction reports
A foreign patentee launched a patent infringement proceeding against an unauthorised user before the Metropolitan Court. 1 November 2013
Jurisdiction reports
Since the entry into force of Law No. 2004-192 of February 27, 2004 on the autonomous status of French Polynesia, French industrial property rights have not covered this territory and have therefore no longer been protected there. 1 November 2013
Jurisdiction reports
The fashion scene brings more and more fans willing to pay large sums of money to feel and look good about the apparel they wear. 1 November 2013
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