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Jurisdiction reports
Before filing a Patent Cooperation Treaty (PCT) application into the national phase in Peru, it is important to know that Peruvian patent law grants patents only for goods or processes, but not their uses. According to article 14 of Decision No. 486 of the Andean Community, which governs the law in Peru: “Patents shall be granted for inventions, whether goods or processes, if they are new, involve an inventive step and are industrially applicable.” 3 October 2016
Jurisdiction reports
A rusk is an essential part of a typical Dutch breakfast. But before you can eat it, it’s a big challenge to get it out of its tight wrapper without the brittle product falling apart. 3 October 2016
Jurisdiction reports
In accordance with Mexican intellectual property law and regulations, a trademark applicant must indicate the date of first use in the application. The date cannot be amended after the application is filed. 3 October 2016
Trademarks
It is interesting to observe the global legal battles of McDonald’s in protecting its intellectual property rights. The latest case is Future Enterprises v European Union Intellectual Property Office (EUIPO) at the EU General Court, where a decision was issued on July 5. 3 October 2016
Jurisdiction reports
On May 17, 2016, the Japan Patent Office (JPO) issued an announcement titled “Caution to trademark owners whose trademarks might have been filed for registration by other persons”. It ensures that much public attention is being given to the unusual recent mass number of trademark applications made by certain entities and persons. 3 October 2016
Jurisdiction reports
A decision by the Court of Milan (R.G. 54450/2012) in January 2015 held that an Italian part of a European patent was invalid for, inter alia, having a lack of essential features in the independent claims. 3 October 2016
Jurisdiction reports
From the perspective of a practitioner in patent infringement law, the German courts’ take on equivalence may be illustrated as a wave movement, or a pendulum that constantly, if unevenly, swings back and forth. Sometimes it appears to be more in favour of broadening the criteria for patent infringement based on equivalence, sometimes it appears to be more restrictive. 3 October 2016
Jurisdiction reports
The French alternative dispute resolution (ADR) procedure, named Syreli, applicable when a .fr domain has been registered in contravention of prior rights, entered into force on November 21, 2011 and is enforced by AFNIC, the French body responsible for internet regulation. 3 October 2016
Jurisdiction reports
A graphical user interface (GUI) refers to an interface presented as a graph or image in a display which links to an operating system. A user can perform an operation by clicking the graph or image in the interface. 3 October 2016
Jurisdiction reports
In 2013, the Chilean government sent a draft law to Congress aiming not just to modify industrial property legislation, but to completely replace it. 3 October 2016
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