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Jurisdiction reports
The requirement of genuine use is assessed strictly in both national and European trademark practice. Use without registration can also provide certain rights to the users. 1 September 2013
Jurisdiction reports
The history of comparative advertising dates back to the beginning of commerce itself. It has always been normal for a trader to attempt to enjoy pecuniary benefits by drawing a comparison between the qualities of his products/services and a competitor’s. 1 September 2013
Jurisdiction reports
It is an obligation of trademark holders to use their trademarks as they were granted by the Mexican Institute of Industrial Property or with slight modifications that do not alter their distinctive character, in order not to be subject to a cancellation action grounded in non-use. 1 September 2013
Jurisdiction reports
In resolving conflicts of marks in inter partes cases or infringement cases which necessarily involve the determination of whether the marks involved are confusingly similar, courts are consistent on only one point: each case is unique and must be decided based on the circumstances peculiar to it. 1 September 2013
Jurisdiction reports
The local system for protecting IP rights in Korea will be subject to change as a result of revisions to the Patent Act, Trademark Act, and Design Act, which have been promulgated. 1 September 2013
Jurisdiction reports
Historically, the UK has taken a relatively narrow approach to the implementation of the governing EU Directives on statutory copyright exemptions. 1 September 2013
Jurisdiction reports
The Brazilian government has been attacking the intellectual protection afforded by the WTO TRIPS Agreement to the research-based pharmaceutical industry. 1 September 2013
Jurisdiction reports
The American sports equipment company, Icon Health & Fitness won a declaratory judgment on entitlement to a utility model patent application for a multi-function body training apparatus at the second instance of the IP court. 1 September 2013
Jurisdiction reports
In South Africa there is no substantive examination of the claims of a patent application. Once the required formalities of an application have been met, it proceeds to acceptance, publication and grant. 1 September 2013
Jurisdiction reports
A case that captured the attention of many Peruvian university students was the prohibition of the words ‘pontifical’ and ‘Catholic’ in the name of the Pontifical Catholic University of Peru (PUCP), after action from the Vatican. 1 September 2013
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