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Intellectual Property

March 12 2018
Daniel R Zuccherino Effect of new decree on industrial property and trademark law

Argentina - Obligado & Cia

A recently issued decree aims to further reduce and simplify the regulations of relevant regimes in order to provide an efficient response to requests for the exercise of commerce and the development of industry. Among other things, the decree simplifies the trademark opposition procedure; implements the administrative resolution of oppositions, nullity and cancellation for non-use actions; and requires proof of use for registered trademarks.

Author: Daniel R Zuccherino
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Xingnan Ming Supreme People's Court accepts New Balance's retrial application in invalidation action against copycats

China - Wanhuida Peksung

Following a lengthy battle regarding imitators' use of the letter 'N' on their trainers, the Supreme People's Court recently accepted New Balance's application for a retrial. The court may see this case as a good opportunity to apply the new direction regarding how courts should assess the likelihood of confusion. Alternatively, it may consider that the Trademark Review and Adjudication Board and the Beijing High Court erred when they ignored the prior judgments affirming the protection of trade dress.

Authors: Xingnan Ming, Jinling Ding
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Alexander Vida Do pharmaceutical marks deserve higher level of protection?

Hungary - Danubia Patent & Law Office LLC

The Hungarian Intellectual Property Office and the Metropolitan Tribunal recently dismissed an opposition of an applied-for mark on the basis that there was no likelihood of confusion. However, the appeals court disagreed, holding, among other things, that an assessment of a likelihood of confusion is more sensitive for conflicting pharmaceutical marks than for marks designating other goods. Although the court's decision is well grounded in Hungarian case law, it has been disputed for a number of reasons.

Author: Alexander Vida
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Cesare Galli Italy ready to implement EU Directive on Trade Secrets

Italy - IP Law Galli

The government recently submitted to Parliament the text of a draft legislative decree to implement the EU Directive on Trade Secrets. The main changes proposed include the alignment of domestic rules on trade secrets with international standards; the prohibition of trade in goods whose design, features, function, production or marketing significantly benefit from unlawfully obtained trade secrets; and the introduction of a regulation to protect the confidentiality of trade secrets in the course of judicial proceedings.

Author: Cesare Galli
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Seema S Mansoor Effect of disclaimer on registered trademark

Pakistan - Vellani & Vellani

An appellant filed an appeal in the High Court challenging a district judge's decision dismissing an application for the grant of a temporary injunction against the respondent's use of a trademark. The appellant had registered a similar mark subject to a disclaimer regarding exclusivity. However, the court found that such a disclaimer limits the extent of the exclusive rights that a registration may provide a rights holder and dismissed the appeal.

Author: Seema S Mansoor
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Recent updates

Nan Jiang Supreme Court increases compensation for IP rights infringement

China - Wanhuida Peksung

Authors: Nan Jiang, Huimin Qin
Audrey Lo Robotic technologies and their patent portfolios

Taiwan - Lee and Li Attorneys at Law

Author: Audrey Lo
Henrik Wistam Forfeiture of Pirate Bay domain names

Sweden - Advokatfirman Lindahl

Authors: Henrik Wistam, Siri Alvsing
Victoria Santis Technology and innovation support centre inaugurated

Chile - Montt y Cia SA

Author: Victoria Santis
Christopher Loh 'Repeat infringers' under Digital Millennium Copyright Act not repeat infringers as adjudged by court

USA - Fitzpatrick, Cella, Harper & Scinto

Author: Christopher Loh
Ana-Laura Morales Commercial court upholds Nestlé's infringement action of its patents relating to Nescafé Dolce Gusto capsules

Spain - Grau & Angulo

Author: Ana-Laura Morales
Alexander Vida ARILUX mark cancelled for likelihood of confusion

Hungary - Danubia Patent & Law Office LLC

Author: Alexander Vida
Huib Berendschot Supreme Court rules on use and functions of trademark

Netherlands - AKD NV

Authors: Huib Berendschot, Roderick Chalmers Hoynck van Papendrecht

Upcoming events

IPBC Europe 2018

March 20-21 2018 – Amsterdam

With a long track record of delivering must-have IP value creation information, IAM has created IPBC Europe to focus specifically on the challenges facing IP managers inside European businesses looking to devise and build sustainable strategies for a rapidly changing world. Taking place in Amsterdam in March 2018, the event will provide IP owners in Europe with tools and insights that will enable them to craft world-class IP management and value creation programmes

For more details go to:

IBA - Biennial IBA Latin American Regional Forum Conference

March 14-16 2018 – Mexico City, Mexico

The Biennial IBA Latin American Regional Forum Conference has become the ideal opportunity for all lawyers, professionals and investors to keep up-to-date with significant developments in the region. As Latin America continues to develop as one of the world's most important emerging markets, conference delegates will examine current developments and discuss how the region will tackle challenges facing both Latin America and elsewhere.

For more details go to: