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IsraelThe only road to enforcement: patent infringement lawsuits (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.
ItalyA year in intellectual property and a look to the future (Market intelligence)
In recent years some key changes have been made to the Italian IP legislation, including: the introduction in 2003 of 12 specialised IP courts, which have exclusive competence in IP matters; the enactment in 2005 of the IP Code, which collected all the relevant IP laws into a single code and introduced some major improvements; and the implementation of the EU IP Rights Enforcement Directive (2004/48/EC) in 2006, which amended both the Copyright Law and the new IP Code.
NorwayCourts lead the way in IP rights enforcement (Market intelligence)
In 2008 and 2009 the Norwegian courts ruled on a fair number of IP cases. The recent trend of increasing numbers of patent cases reaching the courts has continued: the Supreme Court heard one patent case in 2008 and two in 2009. This represents a considerable increase compared to previous years.
PolandPractical know-how on supplementary protection certificates (Market intelligence)
Supplementary protection certificates (SPCs) became legal in Poland when it acceded to the European Union on May 1 2004. EU Regulation 1768/92, which regulates SPCs for medicinal products, has been in force in Poland since that date
RomaniaProtecting utility models: a useful Protecting utility models: a useful (Market intelligence)
Since March 13 2008 it has been possible to protect ‘small inventions’ in Romania. The legal provisions lay down a framework harmonised with the international conventions, treaties and agreements to which Romania is a signatory, offering inventors a useful alternative for protecting their interests in Romania. The applicable national laws are: the Law on Utility Models (350/2007); and Decision 1457 approving the regulation for the application of the Law on Utility Models.
RussiaRecent IP developments: hot topics and key court decisions (Market intelligence)
Part IV of the Civil Code of the Russian Federation came into effect on January 1 2008, bringing together all the rules governing intellectual property that had previously been included in a variety of laws. Part IV of the Civil Code is really an intellectual property code, containing general provisions applicable to all spheres of intellectual property and provisions regulating specific areas, such as copyright, trademarks and inventions. New case law is also taking shape on the basis of the new IP legislation.
South AfricaImpairment testing of acquired intellectual property in developing economies (Market intelligence)
When they were first implemented, International Financial Reporting Standard (IFRS) 3 and International Accounting Standard (IAS) 38, requiring acquired goodwill and intangible assets with indefinite useful lives to be tested annually for impairment, caused some surprise in the investment community.
SpainNew challenges in the ever-expanding IP field (Market intelligence)
In recent years the Spanish industrial property regulations have been modernised, thus raising them to a level equivalent to the laws of other EU member states regarding trademarks (in 2002), designs (2003) and competition (2007). The patent regulations were modernised in 1986 and then updated to include rules for unfair competition (1991), biotechnological inventions (2002) and the Bolar clause (2006). Further, in 2006 all the industrial property laws were brought into line with the EU IP Rights Enforcement Directive.
SwedenOnline rights and piracy fight make for a busy year (Market intelligence)
Over the last year, Swedish IP law has been much characterised by internet-related matters, in particular by the implementation of the EU IP Enforcement Directive and the judgment in the Pirate Bay Case. Further developments include proposed amendments to existing law as well as other interesting judgments for instance, regarding copyright protection for works of applied art.
United KingdomRecent developments in patent law (Market intelligence)
The past year has seen some key legal developments in the patent field. In the first-ever UK decision on this issue, the High Court ruled on the employee compensation scheme for patented inventions under the Patents Act 1977, resulting in a successful claim by two employees against their former employer. The House of Lords (replaced since October 1 2009 by the Supreme Court) clarified the applicable law as to insufficiency, the subject of its earlier ruling in Biogen. Finally, the Court of Appeal considered the criteria to apply to a commercial success defence when dealing with an attack based on obviousness.
AustraliaManaging intellectual assets in the changing IP landscape (Market intelligence)
Most companies operate in a competitive and changing environment. Those at the helm need to reassess continually the company’s commercial strategy and understand the changing IP landscape and the company’s freedom to operate, while at the same time seeking to strengthen the company’s position through effective management of its intellectual assets. A number of Australian decisions issued this year have changed the IP landscape and have implications for the management of a company’s intellectual assets, including its patenting strategy.
China & Hong KongIP law continues to evolve in China and Hong Kong (Market intelligence)
This chapter looks at the major IP developments in China and Hong Kong over the past year.
IndiaLegal issues in advertising: major implications for IP rights (Market intelligence)
Heraclitus said that “a hidden connection is stronger than an obvious one”. In the world of advertising many hidden connections exist, which can be considered from two key angles: the legality of an advertisement or its claims an issue that affects the advertiser and the agency, as well as consumers and society in general; and the benefits of advertising from the perspective of enhanced brand value this can be measured not only in monetary terms, but also in terms of the licensing opportunities to which it may lead.
MalaysiaRecent developments in intellectual property (Market intelligence)
Over the past year the courts have considered a myriad of IP issues, contributing to the advancement of IP law and practice in Malaysia. This chapter highlights several interesting cases, two of which involved international marks.
TaiwanDraft act looks set to rewrite the patent landscape (Market intelligence)
The Taiwan Intellectual Property Office (TIPO) has proposed a wide range of amendments to the Patent Act, even though the current act has been in force only since July 1 2004. In February and March 2009, TIPO held a series of public hearings with practitioners and various interested groups, and eventually published a new draft Patent Act on August 3 2009. The draft act would change all but eight of the current act’s 138 articles. TIPO argues that the proposed amendments will improve Taiwan’s patent practice and facilitate future industrial developments.
ThailandNew laws bring expanded rights and additional obligations (Market intelligence)
Thailand’s IP laws have come under increased scrutiny as the country pushes to overcome its long-held reputation as a haven for counterfeiting and piracy. Efforts to transform this perception and the underlying reality have taken two forms. First, increased enforcement, led by government officials and committed IP owners, is having a meaningful impact on the market. Second, there is a noteworthy trend among both policymakers and the judiciary to modernise existing laws and practices. New statutes are being implemented and existing legislation is being amended to help Thailand cope with the current challenges and integrate more fully into the broader framework of international IP law. Taken together, these legal and practical changes offer appealing options and expanded rights to IP owners, while also imposing certain new obligations of which boardroom-level executives must be aware. This chapter highlights some of the key changes that are underway.
VietnamImproved IP rights enforcement: benefits for IP rights owners and business (Market intelligence)
The Vietnamese legislation on the protection of IP rights is mainly contained in the Intellectual Property Law (November 29 2005). This law, along with other related laws such as the Civil Code 2005, the Penal Code 1999, the Competition Law 2004, the Customs Law 2001 and the Information Technology Law 2006, forms a clear legal framework for the protection and enforcement of IP rights in Vietnam. It is a framework that is seen by IP rights owners, IP practitioners and observers as compatible with international rules in the IP area.
Directory (Market intelligence)
Korea FTC defends global scope of its Qualcomm penalties as US judge warns of an antitrust “race to the bottom” (Blog)
Of the recent competition rulings against Qualcomm, Korea’s seem to have gone the furthest in imposing global remedies on the chipmaker’s licensing practices. At a recent forum on antitrust extraterritoriality, Judge Douglas Ginsburg of the US Court of Appeals for the District of Columbia criticised this approach, saying it sets a precedent that the most restrictive antitrust regime should apply globally. But in a written statement, the Korean Free Trade Commission (KFTC) has defended its
Delrahim speech shows Trump administration DoJ will no longer favour IP users over owners, says Kappos (Blog)
November was a big month in the SEP world. On the 29th, the European Commission issued its long-awaited Communication on SEP licensing, which it seems to the relief of most confirmed Europe’s status quo, which favours neither creators nor implementers. Meanwhile, at the start of the month over in the US, the new head of the Department of Justice’s anti-trust division made a substantial and ground-shifting speech in California, which seemingly realigned the balance of power away from
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