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Jurisdiction reports
This article examines a rare tension between US patent rights, on one hand, and the government’s seizure right of eminent domain over patents, on the other. It is the COVID-19 pandemic that gives rise to this possibility. 11 January 2021
Jurisdiction reports
In a significant ruling of the Amsterdam Court of Appeal, handed down on July 14, 2020, the court ruled that sportswear manufacturer Nike can legally prohibit third parties from selling products through non-authorised retailers’ online platforms. 10 January 2021
Jurisdiction reports
Trademarks and advertising are often synonymous with communication. Since they usually transmit a message to consumers, it is necessary that this message respects its recipients’ feelings. In other words, trademark owners and advertisers must be in compliance with rules of public morality. 10 January 2021
Copyright
French deputies have tabled a draft of law to create a sui generis industrial property right protecting culinary creations. 10 January 2021
Patents
Mexico’s new Industrial Property Law heralds an improved system for the country’s IP owners in almost every area, says Christian Thomae of Dumont. 10 January 2021
Copyright
An Indian judge has said that scientists and academics opposed to the blocking of the Sci-Hub and LibGen websites will be able to file submissions before he rules on the case. 8 January 2021
Patents
Ericsson has urged a US district court to protect its jurisdiction in a dispute over which venue should hear a standard-essential patent licensing dispute with Samsung. 8 January 2021
Patents
District judge Edward Chen has dismissed a complaint filed by Apple and Intel after finding that their patent-related antitrust lawsuit against a SoftBank-owned investment company has “several shortcomings”. 8 January 2021
Patents
The US Patent and Trademark Office has clarified the way in which the Patent Trial and Appeal Board should approach the issue of indefiniteness in post-grant proceedings, aligning the PTAB’s approach with that of the courts. 8 January 2021
Trademarks
A fashion brand has failed to persuade a panel at the US Court of Appeals for the Federal Circuit that the US Army owes it compensation after refusing the use of its marks as licensed trademarks on clothing. 7 January 2021
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