-
Sponsored by Daniel LawAlthough the amount of patent litigation in Brazil is far from the level of litigation in the US, patent infringement actions are very common in the jurisdiction. Such actions are the most effective measure against infringers, since preliminary injunctions are widely available. This makes Brazil very attractive as an additional battlefield for worldwide patent disputes.
-
Sponsored by OLIVARESIn Mexico, droit moral is attached to the author and is inalienable, does not expire, cannot be waived and cannot be encumbered. The author and his/her heirs can enforce this right.
-
Sponsored by Cabinet Beau de LoménieIn France, a prior right holder cannot oppose a trade mark based on bad faith.
-
Sponsored by Sonn & PartnerThe general limitation period for juridical actions in Austria is 30 years. However, particular laws can stipulate shorter or longer limitation periods. For example, for claims in patent infringement cases, the limitation period is generally three years. This period begins from the time when knowledge of the infringement and the infringing person is obtained.
-
Sponsored by OLIVARESIt has become common practice for parties of any administrative proceeding to ask the Institute of Industrial Property to require a third party, not related to the proceeding, or even its counterpart, to respond to several questions raised by the offeror of the proof. Such evidence is based on Article 203 of the Industrial Property Law, which states the "requirement to provide information and data" so that the authority can conduct inspection.
-
Sponsored by Sonn & PartnerAn example of an international trade mark that Austria considered for registration is Access the Inaccessible for goods and services all connected to mountaineering, climbing and work at height. This English language word mark had, among others, a designation for the UK and for Austria. In the UK, the trade mark was finally registered in spite of some difficulties. The Austrian Patent Office and the appellate court did not find it relevant that the mark was approved in the UK. Registration in a foreign country, even in a country where the relevant language is the official language spoken by the whole population, can never be binding for Austria. The reasons behind this are not only formal legal reasons (for example, territoriality), but also that the English authorities examine the trade mark from the viewpoint of English consumers while the Austrian authorities examine the same trade mark from the point of view of Austrian consumers. These perspectives might well be different since the understanding of the meaning of the foreign words might not be identical to that in a foreign country.
-
Sponsored by Cabinet Beau de LoménieParis will welcome the summer Olympic Games in 2024. This is a huge challenge for the Organising Committee.
-
Sponsored by Cabinet Beau de LoménieThe question of the protection of spare parts by designs has always been controversial.
-
Sponsored by Sonn & PartnerDuring the time of the Austro-Hungarian Monarchy, a famous hotel existed in Vienna. Its name was Meissl & Schadn and its restaurant was very well-known for its high-end beef dishes.
-
Sponsored by Sonn & PartnerThe case reported here concerns the application for registration of a word mark GROOVE in relation to "condoms" (class 10).
-
Sponsored by Hanol IP & LawIn Korea, plants can be protected by both Patent Law and Plant Variety Protection Law. Activities to seek the protection of the IP rights pertaining to plants have been growing, particularly with the development of genetic engineering technology as well as with the growth of the agriculture industry. This growing interest is evidenced by the significant increase in the number of applications, not only for patents, but also for plant variety rights. For example, as of December 2015, more than 8,000 applications for plant variety registrations were filed in Korea which makes Korea the seventh most active filer of plant variety rights among the UPOV member countries.
-
Sponsored by Hanol IP & LawFrom January 1 this year, the Korean Patent Court became the exclusive appellate court for IP related cases (see February issue). After this change, the Patent Court released some guidelines on the rules and procedures applicable to IP cases. The most recent is the "Guideline of Civil Practice and Procedure of the Patent Court of Korea" (the Guideline), which was published in English and Japanese.