ILN IP Insider

Russian IP Court compelled domain name registrars to remove illegal content reported by trademark holders

 

On 4 July 2018, Russian IP Court rendered a landmark judgment in case No. A40-132026/2017.

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Nothing beats a good TM LWYR – Nike’s questionable LDNR campaign

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

A July 2018 decision of the UK Intellectual Property Enterprise Court (IPEC) appears to have put paid to Nike’s recent “Nothing beats a Londoner” ad campaign. The case highlights, with hindsight, a perhaps regrettable commercial/legal decision by the sports giant, whilst also demonstrating the usefulness of the IPEC as a means of speedy and effective redress in David vs Goliath disputes.

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“Who” Says What’s Fair Use?:

Bloggers naturally desire to write about new developments and new cases.  But, because writing on legal topics is often like pulling snap shots out of a film, there is also sometimes a feeling that one is obliged to return to a previously noted case to report back on the rest of the story (as one might say (if named Paul Harvey)).  So it is today for this blogger, as he reports on the developments in a case that occurred after the previous blog post freeze frame.

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Establishment of Korea’s International Court for International IP Cases

 

 

 

 

 

IP cases, by their nature, proceed in more than one country simultaneously.  For instance, the patent lawsuits between Samsung and Apple have occurred at the same time in the courts of more than 10 different countries including Korea, the U.S., Germany, Japan, the Netherlands and Australia.  Because these cases are proceeding simultaneously, IP right holders are often placed in a situation where they have to determine in which country to file their claims, in order to yield the most favorable results. In this regard, courts all around the world attempt proactively to invite IP lawsuits and have been making efforts to provide environments that are suitable for IP litigation on a global scale.

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Can You Use Photographs in Design Patent Applications?

 

 

 

 

 

 

Suppose that you have an invention disclosure for a design of an article that you want to protect.  When you review the invention disclosure, you notice that the inventor has only supplied photographs of the design and not any line drawings of the design.  Can you file the design patent application with the photographs?  The answer is YES! if that is the only practicable medium for illustrating the design for the article.

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UNITED STATES SUPREME COURT TO CONSIDER ‘ON-SALE BAR’ DOCTRINE

 

 

 

 

 

 

 

Recent focus on the United States Supreme Court has surrounded who President Trump will nominate to replace retiring Associate Justice Anthony Kennedy.  (The nominee is Brett Kavanaugh of the D.C. Circuit.)  However, once October is here, the 2018 Term begins and focus will shift back to the cases before the Court.  One of those issues will be the extent that sales (or offers for sale) of an invention before the filing of a patent application will prevent the issuance of a patent.  Also known as the ‘on-sale bar’ doctrine, the outcome will have broad implications for startup companies and small businesses holding intellectual property assets.

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IP Court restrained to sell and market a generic drug until the patent expiry

 

 

 

 

 

On 24 April 2018 the Intellectual Property Court published its Decision in case A41 85807/2016 between Swiss-based Novartis AG and local generic Nativa LLC.

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WILL THERE BE TRADEMARK TROLLS IN CANADA OR ARE THEY ALREADY HERE?

 

 

 

 

 

 

The Canadian Trademarks Act amendments, which are allegedly coming into force in early 2019, include the removal of the requirement that a trademark applicant declare that it has been using its trademark before it files the application or before registration in Canada. The amendments are meant to bring Canada’s laws in line with international treaties. The Canadian government wants these changes to simplify the registration process.

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The Danish implementation of the Trade Secrets Directive – does the new law benefit the owners or the infringers?

As of June 9, 2018, an entirely new Law has been implemented in Denmark, namely the Danish Act on Trade Secrets, which implements the Directive of the European Parliament and the Council on protection of trade secrets (hereinafter “the Directive”). The new law replaces paragraph 23 in the Danish Marketing Act, which up until now has been the primary legislative guard against unlawful use of trade secrets, of course supplemented by case law.

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Smartphones, tablets, hard drives and the blank tape levy: Recent developments in Greece

 

 

 

 

 

The issue of the blank tape levy, due for certain devices and media which are suitable for the reproduction of protected works as equitable remuneration for the reproduction for private use, and which is payable by the importers or manufacturers of such devices, has often in recent years been a subject of dispute between creators, Collective Management Organizations and businesses of the IT and electronics sector in Greece.

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