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02 July 2018 by Managing Intellectual Property
In a recent ruling by the Court of The Hague (ECLI:NL:RBDHA:2018:4591) a defendant/patentee has been ordered to pay the costs of nullity proceedings brought against it, despite not wishing to maintain or assert its patent.
Denim giant Levi Strauss & Co has recently won a trade mark infringement case against Dutch retail chain Hema concerning its famous V-shaped stitching on the back pockets of its jeans.
02 July 2018 by Sybille Pfender
At the end of April 2018, Advocate General (AG) Wathelet handed down an advisory opinion regarding the first of three recent referrals to the CJEU (C-121/17). This concerns the interpretation of Article 3(a) of Regulation (EC) No 469/2009.
In the case of Christian Louboutin SAS v Abubaker & Ors, a single judge of the Hon’ble Delhi High Court summarily dismissed a trade mark infringement and passing off suit on May 18 2018, without issuing summons to the defendants, holding that use of a single colour rather than a combination of colours does not qualify as a mark under Section 2(1)(m) and as a trade mark under Section 2(1)(zb) of the Trademarks Act 1999 (hereinafter the Act).
On June 1 2018, the Supreme People’s Court of China (SPC) issued Provisions on Several Issues in Adjudicating Patent Granting and Affirming Administrative Cases I (the Draft Provisions). The general public can submit its opinions and comments by July 1 2018.
01 June 2018 by Lily Changxin Lei
In recent years, the protection system for trade mark rights has become more and more mature in China. Non-trade mark rights have also caught the attention of IP practitioners and even outsiders.
01 June 2018 by Tilleke & Gibbins
Under Vietnamese law, if a logo is capable of distinguishing the goods or services of its holder from those of others, it can qualify for trade mark protection.
01 June 2018 by Daniel Greif and Dhanasun Chumchuay
The Thai Alcohol Control Act (ACA) B.E. 2551(2008) sets the legal framework for restrictions on alcoholic beverages in Thailand, as well as establishing governmental bodies to oversee such restrictions, i.e. the National Alcohol Beverage Policy Committee and the Alcohol Beverage Control Committee.
01 June 2018 by Managing Intellectual Property
It 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.
One of the two IP courts of Istanbul rejected a crucial precautionary injunction (PI) demand of a patent owner on the ground that the demand requires a full trial due to the pending invalidation action against the relevant patent.
