International reports results - found 1,336
Unfair Commercial Practices Directive sets out clearer rules for mark owners (International reports)
The deadline for implementing the EU Directive on Unfair Business-to-Consumer Commercial Practices has now expired. In Denmark, the directive is implemented by a regulation to the Marketing Act. This is particularly significant to trademark owners, as most counterfeit cases are run with reference to the Marketing Act as well as the Trademark Act.
Potential shift in landscape of university IP management (International reports)
The Association of University Technology Managers recently released its annual licensing activity survey of universities, hospitals and other research institutions nationwide. More than ever, academic research is fuelling impressive gains for local, state and national economies.
New copyright protection test for designs of useful articles (International reports)
The Supreme Court has clarified the appropriate test to determine when a feature of the design of a useful article is protectable under Section 101 of the Copyright Act. The test includes separate identification and independent existence requirements.
New regulation on employee inventions (International reports)
Under a new regulation on employee inventions, if an employer demands a full or partial right to an employee invention, reasonable compensation and an award should be paid to the employee. The regulation also sets out rules for calculating reasonable awards.
Lessons in unfair competition and misappropriation of confidential information (International reports)
The Court of Milan recently held that the use of images that are highly similar to those of products shown in a competitor's catalogue constituted unfair competition, and that the use of non-identical technical drawings was insufficient to establish a claim of misappropriation of a competitor’s confidential information.
Novelty: an Indian perspective (International reports)
The standards for meeting patentability criteria under the Patents Act are emphasised to reward the contributors of an invention. Among these criteria, novelty is a vital and absolute condition for patentability.
Caught in the middle: US sellers in Europe (International reports)
In late Spring 2018 US entities will have to consider recent changes to US discovery law while also working to comply with the EU General Data Protection Regulation. Data protection is particularly relevant to trademark rights, as rights holders must balance factors for protecting brands and personal data.
Unregistered IP rights may have significant consequences for interested parties (International reports)
Having successfully acquired, licensed or taken security over registered IP rights, new rights holders often fail to register their transactions at a national IP office. This can have significant consequences for interested parties and complicate future dealings in those rights.
New referral regarding SPC availability for certain medical devices (International reports)
A new question has been referred to the European Court of Justice by the German Federal Patent Court on the availability of supplementary protection certificates for medical devices in this case, a combined medical device and medicinal product that has been authorised under the Medical Devices Directive.
Rospatent re-launches fee-based expedited examination (International reports)
The Russian Patent and Trademark Office recently announced that expedited examination will be available for all trademark applications. Since 2012, patent law has allowed accelerated examination through the Patent Prosecution Highway system, but no expedited procedure has been in place for trademarks.
Intellectual property made easy: set an information trap (International reports)
There are signs that traditional methods of patent and trademark monitoring are waning as the US Patent and Trademark Office embraces real-time web-based alerts, digital subscription services and partnerships with data capture experts.
Supreme Court reverses taxation on tax haven subsidiary (International reports)
The Japanese government is strengthening the oversight of overseas patent transfers. A recent Supreme Court ruling may help companies to judge whether anti-tax haven rules apply to their foreign IP management subsidiaries.
Copyright Act to be revised (International reports)
The Executive Yuan recently passed a draft amendment to the Copyright Act. The draft amendment was proposed and drafted by the Taiwan Intellectual Property Office, passed to the Executive Yuan for review and modification, and has been sent to the Legislative Yuan for inspection and formal amendment through three successive readings.
No mini trial in temporary injunction application (International reports)
The Delhi High Court recently noted that, when deciding whether to grant an injunction application, a court is not required to conduct a mini trial. The court recognised that the purpose of an interim injunction is to ensure the protection of parties’ rights on the basis of three factors: prima facie case, balance of convenience and irreparable injury.
Independence is bliss? Congress revisits proposal for independent USPTO (International reports)
Although we are technically no closer now than we were 10 years ago to an independent US Patent and Trademark Office (USPTO), the House Budget Committee's inclusion of a certain line item in its budget earlier this autumn has been interpreted by many as reinvigorating the discussion on the USPTO’s role within the Department of Commerce.
Revised EPO guidelines on computer-implemented inventions (International reports)
The European Patent Office Guidelines 2017 recently entered into force. Like the previous edition, this year’s guidelines include substantial, extensive and comprehensive improvements with regard to guidance on the eligibility of computer-implemented inventions parts.
UIBM’s novel approach to finding sufficient spread between SPREAD and SPREAD (International reports)
The Italian Patent and Trademark Office recently ruled that when two trademarks include the same word element but the graphic context is sufficiently different, a likelihood of confusion may not exist.
TIPO considers introducing contributory infringement into Patent Act (International reports)
The Taiwan Intellectual Property Office (TIPO) is once again considering whether contributory infringement should be introduced into the Patent Act. In order to form its policy on the issue, TIPO recently held a meeting in which industry representatives were asked to comment on contributory infringement.
No likelihood of confusion between SINA rice and SITA rice (International reports)
The District Court of The Hague recently held that there was no likelihood of confusion between SINA rice and SITA rice. This decision was somewhat remarkable considering earlier decisions on similar comparisons between four-letter signs relating to foodstuffs.
CRI guidelines and patentability of financial methods under Section 3(k) (International reports)
While it is true that financial service-oriented businesses are different from product-oriented businesses, and the predominant perception of financial method inventions is not emerging in India as in other jurisdictions, innovative activity in this area is promising and deserves IP protection.
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