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Grau & Angulo | European Union | 24 Dec 2018

Preliminary injunctions granted against Blablatel Mobile for parallel imports

In October 2018 the EU Trademark Court Number 1 of Alicante granted the interim injunction application filed by Xiaomi Inc against Blablatel Mobile SL for trademark infringement due to the parallel import of technological products from outside the European Economic Area. This decision is notable, as it confirms that importing goods that were originally intended to be marketed outside the......
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Hogan Lovells | Mexico | 21 Dec 2018

IFT fully liberates 600MHz band

Mexico recently became the first country to liberate the 600MHz band after the Federal Telecommunications Institute approved the relocation of the last two channels that transmitted therein in order to free it up for 5G broadband services. This transition will enable Mexico to make the band available to the market through a bidding process and exploit international mobile telecoms......
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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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AKD | Netherlands | 11 Dec 2018

Onus on party seeking to limit liability to provide all information at early stage

A recent decision by the Rotterdam Court regarding a major oil spill in the port of Rotterdam emphasises the importance of assessing at an early stage which liability regime applies when a party seeks to limit its exposure to claims in the event of an oil spill at sea. The court held that in procedures concerning limitation of liability, it is the responsibility of the party seeking to rely......
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RPC | Hong Kong | 11 Dec 2018

Qualifying shareholders' access to company records

The recent decision of the High Court in Ninotre Investment Ltd v L & A International Holdings Ltd is a further example of the court's statutory power to grant a qualifying shareholder access to and inspection of company records. Section 740 of the Companies Ordinance (Cap 622) has become an established mechanism for aggrieved shareholders, with legitimate complaints in their capacity as......
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Smart & Biggar | Canada | 3 Dec 2018

Anti-dilution remedy not limited to registered trademarks

Section 22 of the Trademarks Act, depreciation of a registered trademark's goodwill, is a potentially powerful yet generally underused weapon for dealing with damaging comparative advertising campaigns. Dilution-type claims to prevent comparative ads displaying a registered trademark are particularly complex as they require that the advertising actually 'use' the registered mark within the......
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Obligado & Cia | Argentina | 3 Dec 2018

Amendments to law on industrial models and designs

The Argentine Executive Power recently issued Decree 27/2018, which has introduced significant and substantial amendments to the Law on Trademarks, the Law on Patents and the Industrial Model and Design Decree 6,673/63. The most important amendments include a simpler registration process, an expansion of the facts that do not destroy novelty and adjustments to renewal and grace periods.
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KISCH IP | South Africa | 3 Dec 2018

IP and the shape of things

Proprietors that are interested in registering a shape or container mark should be aware of the kind of protection that a specific IP act affords them and ensure that they layer their rights in order to have the best protection as well as protection in perpetuity. The most important question for proprietors in this regard is whether they intend to use the shape for a short or prolonged period.
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KISCH IP | South Africa | 26 Nov 2018

University life and intellectual property

When a student is studying or planning to study at a university in South Africa, it is important that they understand their rights as an IP creator during that time. Many students, especially undergraduates, will argue that they do not participate in research and development in any manner and that intellectual property is merely a module for law students. However, all students may be IP......
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KISCH IP | South Africa | 22 Oct 2018

Taking care of bullies

Rights holders often threaten to enforce their rights against others as a scare tactic while knowing that actually enforcing them would not be that simple. A prime example of this is when rights holders threaten third parties with a patent or design infringement action despite knowing that their patent or design is not necessarily valid or that the third party has a valid excuse for the......
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