Search results - found 24
Cross-border: EuropeImplementation of the EU IP Rights Enforcement Directive (Market intelligence)
The enforcement of IP rights in Europe is primarily governed by national laws which differ significantly across the EU member states. Consider, for example, European patents. Despite the fact that they are granted under the European Patent Convention, issues relating to the infringement and enforcement of the national parts of granted European patents are handled by member states’ national courts, which apply domestic laws. This is also true in respect to Community trademarks and Community designs: although these rights are granted on the basis of EU regulations (which also contain directly applicable provisions on validity, infringement and penalties), they are enforced before the national courts of the individual EU member states, which apply domestic procedural laws. As a result, a pan-European IP litigation typically comprises several parallel lawsuits in a number of member states. Therefore, strictly speaking, there is no such thing as a European IP litigation proceeding.
Cross-border: EuropeEuropean trademark law: latest case law developments (Market intelligence)
The year 2007 was an important one for trademarks in the European Union. In the Office of Harmonisation for the Internal Market (OHIM) Annual Report, the president commented that, compared to 2004, OHIM is dealing with 50 per cent more trademark applications. Further statistics in the report testified to the increase in trademark activity: in 2007 16,000 oppositions were filed, compared to 14,000 in 2006, and the OHIM Board of Appeal dealt with around 1,950 cases a rise of more than 18 per cent on 2006. The volume of applications and case law relating to Community trademarks makes it increasingly difficult to keep on top of the latest developments: in 2007 the European Court Justice (ECJ) and the Court of First Instance (CFI) handed down 18 and 68 rulings respectively. At the end of 2007, 287 cases were still pending before the CFI and 19 before the ECJ.
Cross-border: EuropeThe interface between intellectual property and competition law (Market intelligence)
There appears to be an inherent conflict between intellectual property and competition law. While IP rights convey exclusive rights to their owners, competition law tries to avoid monopolies and any behaviour by market participants which might be seen as an abuse of power. In practice, this alleged conflict is accepted in virtually all jurisdictions and national laws. In fact, IP law and competition law complement each other and can regulate different aspects of a specific case or situation. The key is to put in place a balanced system which considers the interests not only of applicants and IP owners, but also of third parties and the public.
Cross-border: EuropeThe Community design right: a (double-edged) sword for brand owners (Market intelligence)
Designs and trademarks are different rights with different purposes at least, this is how they were originally intended and have been regarded for a long time. However, this principle has been called into question as the relationship between designs and trademarks begins to take on a new and surprising dimension.
Cross-border: EuropeKey considerations in choosing where to litigate a European patent (Market intelligence)
In recent years the granting, interpretation and enforcement of patents have all been subject to European harmonisation provisions. This harmonisation leads to the question of whether it really matters in which country a European patent is litigated.
BelgiumMonetary compensation for trademark infringement (Market intelligence)
The EU IP Rights Enforcement Directive (2004/48/EC) requires EU member states to amend their national laws in accordance with the principles set out in the directive, with a view to harmonising the procedural rules and substantive law relating to the enforcement of IP rights across all member states
CyprusThe evolution of the Cypriot IP regime (Market intelligence)
Over the years Cyprus has developed as a worldrenowned international business centre. Its economic stability, solid legal infrastructure and efficient administration have proved fundamental to its steady advancement.
Czech RepublicProtecting your intellectual property: new options for IP rights holders (Market intelligence)
In April 2006 the Czech Republic implemented the EU IP Rights Enforcement Directive (2004/48/EC) through the Enforcement of Industrial Property Rights Act (221/2006). However, certain parts of the act concerning judicial proceedings did not come into force until January 2008.
FinlandThe evolving IP management landscape (Market intelligence)
Finland is a substantially greater source of innovation than the small size of its population might indicate. Finnish companies and research and development (R&D) centres are actively involved in top R&D in several fields. According to the Organisation for Economic Cooperation and Development Science, Technology and Industry Scoreboard 2007, Finland has one of the highest R&D spends as a percentage of gross domestic product. As a direct result, the number of patent applications and patents granted is among the highest in the world per capita (see Figure 1). Furthermore, according to several recent studies Finland is among the top countries in the world in the field of patenting activity.
FranceTrademark rights v free speech: can prejudicial trademark use still be prevented? (Market intelligence)
The French Supreme Court recently decided two cases involving the use of a trademark in a way that was prejudicial to its owner (Supreme Court, Areva v Greenpeace and Esso v Greenpeace, April 8 2008). The cases have been widely reported in the French media. In each case a market leader in the energy sector sued Greenpeace for painting its trademark in a negative light: Greenpeace reproduced the AREVA trademark with the shadow of a skull and modified the ESSO mark to include dollar signs (E$$O). While such uses were initially considered unlawful, the Supreme Court ultimately found in favour of Greenpeace.
GermanyOf patent trolls and patent smurfs (Market intelligence)
The major US patent litigation cases of recent years, involving the payment of hundreds of millions of dollars in compensation, have become legendary and have popularised the term ‘patent troll’ to describe controversial patent licensing enforcement companies consisting of little more than a legal division. In fact, ‘patent troll’ may be the one expression from the otherwise obscure world of intellectual property that is familiar to the public.
HungarySeller beware! The use of trademarks in unfair commercial practices (Market intelligence)
Have you ever misled a customer? Have you ever forced a customer to buy something he or she did not want? Have you ever failed to inform a client as to key details of your services? If you answered ‘yes’ to any of these questions, you need to think again new regulations have come into force to defend consumers and combat misleading and aggressive sales and marketing tactics.
IsraelPatent enforcement proceedings: the only option for patentees (Market intelligence)
In Israel, there is only one possible avenue for patentees seeking to enforce their rights against infringers: a lawsuit for patent infringement. Under the Patent Law, the district courts have exclusive jurisdiction over patent infringement cases. However, in 1998 the Supreme Court of Israel held that in cases where an invention has not been registered as a patent, there may be circumstances in which a remedy can be granted under the Unjust Enrichment Act.
ItalyEnforcing IP rights: an ongoing challenge (Market intelligence)
This chapter considers the various ways in which IP rights may be enforced in Italy by using the new IP Code and the recently established specialist IP courts.
LuxembourgAn attractive new tax regime for income deriving from IP rights (Market intelligence)
Luxembourg is situated within a 300-kilometre radius of the major European markets and their 100 million consumers and enjoys a high level of economic prosperity due to the good health of its financial sector and the development of a dynamic IT sector. Luxembourg has built its reputation through the development of groundbreaking investment products supported by powerful IT and communication services.
NetherlandsImplementing the EU IP Enforcement Directive at national level: a new regime? (Market intelligence)
On April 29 2004 the EU IP Rights Enforcement Directive (2004/48/EC) came into force. The purpose of the directive is to harmonise the enforcement of IP rights in order to combat IP rights infringement more effectively, in particular large-scale copying and piracy. For that purpose, member states must ensure that, before the commencement of proceedings on the merits of a case, the competent judicial authorities can order adequate temporary measures in order to protect relevant evidence concerning the alleged infringement, provided that any confidential information is protected. In order to take such measures, the authorities must be requested to do so by a party that has handed over reasonably obtainable evidence in support of the assertion that its intellectual property has been or will be infringed.
NorwayCourts move to harmonise patent law with EPO practice (Market intelligence)
To date, Norway’s accession to the European Patent Convention, which took effect on January 1 2008, has produced no direct changes in Norwegian patent practice since Norway is designated only for patents granted based on applications filed after January 1 2008. However, the harmonisation of Norway’s patent law and practice with that of the European Patent Office (EPO) is now even more important than ever and it appears that the courts are prepared to accept accession as a reason to ‘look to Munich’, even when Norwegian national patents or applications filed long before January 2008 are at issue.
PolandRevocation of trademark rights for non-use: practical aspects (Market intelligence)
A trademark holder that registers a trademark in Poland obtains the exclusive right to use the trademark for goods or services covered by the registration within the Polish territory. Trademark protection is granted for a period of 10 years from the date of filing the application with the Patent Office. Upon expiry of the registration period, the trademark protection may be extended for subsequent 10-year periods which in practice means that a trademark may be protected for an unlimited time.
RomaniaEU accession prompts changes to trademark legislation (Market intelligence)
As part of Romania’s accession to the European Union, one of the government’s key priorities has been the amendment of the Law on Trademarks and Geographical Indications (84/1998) in order to transpose the First Trademark Directive (89/104, December 21 1998) and create a legal framework in order to enforce the EU Community Trademark Regulation (20/1994).
RussiaDealing with trademarks in Russia (Market intelligence)
Part IV of the Civil Code became effective on January 1 2008, codifying all existing IP law provisions into a single piece of legislation. Part IV also updated the provisions on trademarks and agreements relating to trademarks.
Register for more free content
- Read more IAM blogs and articles
- Receive the editor's weekly review by email