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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
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
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
Preliminary discussions took place in the Japan Patent Office (JPO) in 2013 to change Japan’s patent law, based on the report entitled Toward Early Acquisition of Strong and Stable Patent Rights and Improvement of User-Friendliness, issued by the JPO’s Patent System Subcommittee in February 2013. 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
The Malaysian government is currently actively encouraging the creation and monetisation of intellectual property. 1 February 2014
Jurisdiction reports
The Unregistered Community Design (UCD) generated apparently little interest when it was created by the Council Regulation (CE) 6/2002 of December 12, 2001 on Community Designs. 1 February 2014
Jurisdiction reports
In Camworth Technologies Ltd v Videx Wire Products (Pty) Ltd, the Supreme Court of Appeal heard an appeal from the Court of the Commissioner of Patents, where the respondent, Videx, had successfully obtained a declaration of non-infringement in terms of Section 69(1) of the Patents Act. 1 February 2014
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