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Jurisdiction reports
It makes sense that a property rights owner has the duty and responsibility to protect and preserve its right and, if applicable, enforce it, no matter the nature of the property (eg, a house, car, patent, trademark, etc). In the course of protection and enforcement, the owner relies on legal provisions, whereas in the course of promotion it relies on commercial actions, including advertising. 24 November 2016
Jurisdiction reports
A case at the Court of The Hague from September 14, 2016 provides a good overview of the circumstances that cause or prevent trademark exhaustion. 24 November 2016
Jurisdiction reports
In Mexico, the use of a trademark registration is an obligation for its owner or licensee. 24 November 2016
Jurisdiction reports
In 2015, the Intellectual Property Corporation of Malaysia (MyIPO) maintained a fast pace of substantive examination, which had begun in 2014, in expectation of the Trans-Pacific Partnership (TPP) agreement. 24 November 2016
Jurisdiction reports
On December 5, 2014, the Japan Racing Public Relations Center, which handles PR and advertising activities for the Japan Racing Association, filed an application to register ‘PRC’ (see image, below right) as a trademark in classes 25 and 28. 24 November 2016
Copyright
US games publisher Electronic Arts has secured victory against the creator of a video game in a dispute over royalties. 24 November 2016
Jurisdiction reports
Today, with companies moving from the physical to the internet world, the need for intellectual property tools to protect websites has increased. 24 November 2016
Jurisdiction reports
In 2014, Germany’s Federal Court of Justice affirmed in the Short Messages case that in patent infringement disputes, courts should suspend the enforcement of a first instance judgment if, in light of the patent later being invalidated, an appeal against the decision to invalidate is pending. We reported on that decision in the WIPR November/December 2014 issue. 24 November 2016
Jurisdiction reports
The ordinance of February 10, 2016 on the reform of contract law took effect on October 1 and applies to contracts concluded after September 30, 2016. Those concluded before this date will also come under the same regime if and when they are renewed. The principle of the freedom to sign a contract is re-stated in law. 24 November 2016
Jurisdiction reports
Since early 2015, patent examiners at the State Intellectual Property Office of China have been increasingly focusing on patentability issues, especially inventiveness. 24 November 2016
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