Jurisdiction Reports
Jurisdiction reports
For several years, the ASEAN region has been touted as the next economic powerhouse. With a combined population of approximately 620 million, which is larger than the whole of the EU or North America, the ASEAN region has the third largest labour force in the world, behind only China and India. 28 November 2018
Jurisdiction reports
According to article 32 of Taiwan’s Patent Law, an applicant is allowed to file, on the same day, an invention application and a utility model application for one and the same invention with a ‘dual filing’ statement specified in the application forms of the two applications. 27 November 2018
Jurisdiction reports
One of the most significant changes from the New Turkish IP Code no. 6769 is that novelty is introduced as an ex officio examination criterion at the preliminary examination stage. In other words, since January 2017, the Turkish Patent and Trademark Office has been refusing design applications ex officio based on lack of novelty. 26 November 2018
Jurisdiction reports
Imagine a scenario where a reputable young enterprise, company X, whose technology has been favourably received, discovers that its patents are being infringed by a large well-financed competitor. The CEO of company X goes to the patent counsel who filed and prosecuted the subject patents. 26 November 2018
Jurisdiction reports
Mexico is experiencing a time of change and evolution in our IP system. The Mexican authorities are discussing new litigation reforms to the IP Law that could place our legal system at the forefront of IP protection. 23 November 2018
Copyright
In September, the court in The Hague ruled on the possibility of having IP rights in model trains. The IP protection offered to products in this niche market has been the subject of several court cases in the Netherlands, whereby the purpose of the scale models seems to play an important role in copyright/trademark infringement matters. 22 November 2018
Jurisdiction reports
This article addresses the delicate matter of using and abusing technical expert reports in patent cancellation trials, and reviews a case that made strict use of said reports. 22 November 2018
Jurisdiction reports
Parallel importation of pharmaceuticals in the EU has, for a long time, raised many issues. National constraints require the parallel importer to modify the presentation of the products in order to comply with national laws, and the trademark owner has tried to make use of such alteration to oppose the commercialisation of the goods that were escaping its distribution network in that way. 18 September 2018
Jurisdiction reports
Several recent decisions of Germany’s Supreme Court, the Federal Court of Justice—for instance, a case decided in October 2017 called Products For Wound Treatment—hold that an injunction order contained in a judgment for unfair competition or trademark infringement requires the defendant not only to cease and desist the activity for which he has been sentenced, but moreover demands that he recall the infringing goods from his customers. 18 September 2018
Jurisdiction reports
For trademark owners and IP professionals, the elusive class 35—and in particular retail services—have caused much ink to be spilled over the years. Whenever these issues are in the limelight, personal and public opinions about the admissibility of retail services as trademarks are diverse and often conflicting. 17 September 2018
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