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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
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 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
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 inventive step of an invention always takes centre stage when prosecuting patent applications or enforcing patent rights in Taiwan. 1 November 2013
Jurisdiction reports
On July 1, 2013, the Japan Patent Office revised its Examination Guidelines concerning “requirements for unity of inventions”, “amendment that changes a specific technical feature of an invention”, and the “examination procedure” relating to said unity requirement and ACSTFs. 1 November 2013
Jurisdiction reports
In September, the Brazilian patent and trademark office filed 33 lawsuits seeking to invalidate more than 200 patents owned by about 120 foreign companies, covering important products sold in the country. 1 November 2013
Jurisdiction reports
It is not unusual for several companies within an industry to be named as co-defendants within a patent infringement lawsuit. 1 November 2013
Jurisdiction reports
In an era where every transaction can take place through the Internet, trademark holders would like to immediately prevent each and every illegal use in the blink of an eye. 1 November 2013
Jurisdiction reports
From a legal perspective, what happens in a situation when genuine articles manufactured by the actual manufacturer, such as high pressure vessels or electrical goods, are imported into South Africa, but where the manufacturer’s labels have been removed and replaced with falsified labels which bear fictitious serial numbers, and do not specify the electrical, oil and refrigerant information which is critical to safe and efficient installation and operation of the goods, but which bear the manufacturer’s trademarks? 1 November 2013
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