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Obligado & Cia | Argentina | 27 Sep 2021

Trade secrets in unfair competition legislation

The trade secrets legal regime, which protects secret, commercial and valuable information from misappropriation by third parties, constitutes the main alternative to the protection granted by the patent system. In Argentina, trade secrets are protected by the provisions of the General Agreement on Tariffs and Trade and the Agreement on Trade-Related Aspects of Intellectual Property Rights,......
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Deriş Patents and Trademarks Agency | Turkey | 4 Mar 2019

Copyright protection of TV formats and programmes

Turkey exported TV content worth $350 million in 2017, becoming the second largest exporter of TV drama in the world. However, the question of whether TV formats enjoy copyright protection under the Copyright Act has long been debated in Turkey. This article examines the legal doctrine and recent Supreme Court of Appeals case law in this regard in order to examine the copyright protection......
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Advokatfirmaet Grette AS | European Union, Norway | 8 Feb 2019

Coverage level under deposit guarantee scheme reduced for overseas depositors

For many years, the coverage level under the Norwegian deposit guarantee scheme has been significantly higher than the target that was introduced by the EU Deposit Guarantee Schemes Directive to achieve a fully harmonised coverage level. However, recent amendments to the Act on Financial Institutions and Financial Groups have reduced the coverage level for customers in the European Union that......
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Wanhuida Intellectual Property | China | 28 Jan 2019

Supreme People's Court to establish IP tribunal to hear appeals and retrials of highly technical cases

The 13th National People's Congress Standing Committee recently concluded its sixth session and adopted the Decision on Several Issues concerning the Litigation Procedures of Patent and Other IP Cases. Among other things, the decision provides that first-instance judgments rendered in highly technical civil IP cases will be directly appealable to the Supreme People's Court.
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Grau & Angulo | Spain | 28 Jan 2019

Courts adopt specific protocol to protect IP rights during MWC 2019

The next Mobile World Congress (MWC) will be held in Barcelona in February 2019. Foreseeing potential conflicts between the participating companies, the panel of judges of the Barcelona commercial courts has agreed – for the fifth consecutive year – to adopt a specific protocol to protect technology patents, industrial designs, trademarks and copyright and defend against unfair competition......
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Vellani & Vellani | Pakistan | 21 Jan 2019

Totality of impression and test of average consumer in trademark infringement

The Sindh High Court recently overturned a registrar of trademarks' decision following an appeal by Moonlite Trading and rejected MF Enterprises' application to register its infringing FASTER BLACK COBRA mark. The decision applied the concept of totality of impression and the average consumer test to ascertain whether the registration of the FASTER BLACK COBRA mark would infringe Moonlite......
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AKD | Netherlands | 16 Jan 2019

Small boost in battle against high prices for medicinal products

The Health and Youth Care Inspectorate recently published its report on its investigation into the quality and permissibility of the Amsterdam University Medical Centre's (Amsterdam UMC's) pharmaceutical compounding of its cerebrotendineous xanthomatosis drug, which contains the active substance chenodeoxycholic acid (CDCA). According to the inspectorate, the small-scale preparation of CDCA......
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Kim & Chang | South Korea | 7 Jan 2019

KIPO begins policing 'idea theft' unfair competition

The latest amendment to the Unfair Competition Prevention and Trade Secret Protection Act introduced a new provision prohibiting unfair competition in connection with 'idea theft' – the unfair use of the ideas of another that were acquired as part of a business negotiation or transaction. The purpose of the amendment is to provide additional protection for creative business ideas that may not......
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Nishimura & Asahi | Japan | 24 Dec 2018

Overview of IP rights border measures

In Japan, Customs can seize goods during export or import where they infringe various IP rights. If Customs suspects that certain goods infringe IP rights, it will initiate an identification procedure and notify both the importer and the IP rights holder. If the goods are found to infringe IP rights and no voluntary disposal measures were taken during the protest period, Customs may......
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GRAF ISOLA Rechtsanwälte GmbH | Austria | 17 Dec 2018

Dispenser for free newspapers – work of art?

The Supreme Court recently set out clear principles regarding the protection of a work of visual art under the Copyright Act where technical functions played a role. In its decision, the court explained that the assessment as to whether a (visual) piece of work is actually protected by copyright must be assessed by the court as a legal issue only. There is no room to consider the opinion of......
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