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Jurisdiction reports
The Trade Descriptions Act 2011 was passed by the Malaysian parliament and published on August 18, 2011. 1 December 2011
Jurisdiction reports
A trademark is considered in use when the goods or services covered have been put in the market, or are available in the market of the country under the trademark, in the amount and in the way that corresponds to the use and custom. 1 December 2011
Jurisdiction reports
A remarkable preliminary court decision of the Dutch Court at The Hague of August 24 2011 in the court case regarding the Apple and Samsung smart phones and tablets has started an interesting discussion among Dutch IP lawyers. 1 December 2011
Jurisdiction reports
Acceptance of the fact that a famous brand appropriates a less known trademark enjoying earlier priority and beginning to build its position on the market would render the protection of that earlier mark merely illusory. 1 December 2011
Jurisdiction reports
The provision of Art 123(2) and (3) of the European Patent Convention (EPC) is to avoid that an applicant or proprietor improves the scope of the application or patent by way of amendments. 1 December 2011
Jurisdiction reports
The US Court of Appeals for the Ninth Circuit’s decision in Fleischer Studios, Inc. v AVELA, Inc., had the potential to limit brand owners’ ability to protect their marks against third party merchandising and assert their rights in trademarks. 1 December 2011
Jurisdiction reports
The Patent Prosecution Highway pilot programme between the Taiwan Intellectual Property Office and the US Patent & Trademark Office has commenced, as of September 1, 2011. 1 December 2011
Jurisdiction reports
On September 16, 2011, President Barack Obama signed into US law HR 1249, which is also called the Leahy-Smith America Invents Act. 1 December 2011
Jurisdiction reports
When a container first sold by Company A, whose shape is protected by a 3D trademark, is used by Company B to be refilled with that Company B’s product, should this be considered as a trademark infringement? 1 December 2011
Copyright
The problem when a text protected by a copyright may be used in the form of a ‘citation’ regularly arises in copyright law. It is maybe not so common in the context of design law. 1 December 2011
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