Search results for

The Swiss Federal Patent Court recently had the opportunity to give additional thoughts to the question of good faith of a patent infringer. The Swiss Civil Code states that the presumption of acting in good faith cannot be invoked if a person has failed to exercise the diligence required by the circumstances.

The licensing of names and images from fictional works, including the names of cartoon characters and film titles, is growing exponentially in the PRC and in relation to an ever-widening range of consumer goods. While media companies, including Hollywood studios, have the most to gain from this sector, their business partners stand to benefit greatly also, including overseas companies taking master licences, local Chinese licensees and companies managing the licensing activity of others on their behalf.

The Indonesian Trade Mark Law No 15/2001 regulates that an owner of an unregistered mark may file a lawsuit for cancellation against a registered mark at the Commercial Court after filing a registration at the Directorate General of Intellectual Property Rights (DGIPR).

More than 2,000 three-dimensional trade marks have been registered since April 1 1997 when the registration of such marks became possible. Among them were Coca-Cola's bottle and Jean Paul Gaultier's perfume bottle. Now the Tokyo District Court has made the first decision on whether a three-dimensional trade mark was infringed.

The Malaysian High Court recently decided in the case of Syarikat Duasama Sdn Bhd v Chevron Malaysia Limited that the concept of landlord liability may not be recognised to confer liability on owners of premises where infringing activities are said to have taken place.

A constitutional action was filed by an innovator pharmaceutical company before a district court against COFEPRIS, contesting the granting of a marketing authorisation for a generic medicine. This action was essentially based on: (1) the lack of opportunity for the title holder to be heard during the prosecution of the marketing authorisation application; (2) the need to have knowledge about the contents of the generic company's application and (3) the unconstitutionality of the Linkage Regulation as it does not allow a patent owner to have knowledge of a potential violation of the patent linkage system in the marketing authorisations of generics.

In a recent decision (first instance patent court, The Hague, March 4 2015: Occlutech Int AB v AGA Medical Corp) the court explained the rules for presenting evidence of public prior use before the Dutch court in nullity arguments.

Forty three tukutuku panels (a distinctive art form of the Māori people of New Zealand), woven by artists from around the country, now hang in the United Nations headquarters in New York.

Cartier International appealed against the decision of the examiner rejecting protection in Russia for an international trade mark number 1111659 in respect of goods in classes 14 and services in class 35 with convention priority of December 22 2011.

If a trade mark owner finds out that his mark has been registered as a .tw country code top-level domain (ccTLD) by another party, he may file a complaint with an approved dispute resolution service provider based on Article 5.1 of the Domain Name Dispute Resolution Policy promulgated by the Taiwan Network Information Center (TWNIC).