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Preslmayr Attorneys at Law | Austria | 8 Sep 2021

Strict advertising rules for (foreign) dentists

The Chamber of Austrian Dentists and Dental Specialists is active in protecting the interests of its members and fending off the intrusion of foreign practitioners. In October 2020 it sought an interim injunction to prevent a German limited liability company from advertising medical products, quoting prices for private dental services in public announcements or having such prices quoted, and......
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Wiggin LLP | United Kingdom | 27 Aug 2021

ASA calls on advertisers to make better use of targeting tools to minimise children's exposure to age-restricted ads

The Advertising Standards Authority (ASA) has published the findings of its latest monitoring sweep, making use of avatar technology to assess the distribution of ads for alcohol, gambling and high fat, salt or sugar products in websites and YouTube channels attracting a mixed-age audience that is predominantly composed of adults. The ASA is calling on advertisers to make better use of......
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NAM & NAM | South Korea | 9 Aug 2021

Original patents: FTC issues order to correct unfair ad

As the term "original patent" lacks any specific legal meaning, it is among the potentially misleading terms misused in the marketplace. The Fair Trade Commission (FTC) recently ruled that an ad claiming ownership of an original patent constituted an unfair indication. In doing so, the FTC also specified the requirements for claiming an original patent.
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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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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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Wanhuida Intellectual Property | China | 24 Dec 2018

Zhejiang court awards Stokke Rmb2.25 million in damages in patent infringement suit

The statutory limit for damages set out in the Patent Act is Rmb1 million, which is lower than the equivalent limit set out in both the Trademark Law and the Anti-unfair Competition Law. As such, it is becoming increasingly important in patent cases to convince the court that the prejudice is higher than the statutory limit. Stokke AS recently managed to do this before a Zhejiang court in a......
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Cozen O'Connor | USA | 19 Dec 2018

San Francisco federal judge dismisses class action claims as time barred and pre-empted by Airline Deregulation Act

In an interesting decision that may have significant repercussions for air carriers, a San Francisco federal judge recently dismissed a putative class action brought against Air France based on a limitations provision set out in Air France's General Conditions of Carriage and the pre-emption provisions of the Airline Deregulation Act.
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Bozoğlu Izgi Attorney Partnership | Turkey | 19 Dec 2018

Regulatory authority publishes announcement regarding medical device sales centres

The Medicines and Medical Devices Agency, the regulatory authority for pharmaceuticals and medical devices in Turkey, recently announced that its information management system for medical devices will be updated. Given the changes that the announcement sets out, medical device sales centres should carefully assess their obligations in this regard in order to avoid any potential penalties.
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Wanhuida Intellectual Property | China | 10 Dec 2018

Regulations clarify new agencies' roles following institutional IP reform

China's State Intellectual Property Office was recently renamed the National Intellectual Property Administration. Simultaneously, the activities of a number of government entities, including the State Administration for Industry and Commerce and the State Intellectual Property Office, were regrouped under the State Administration for Market Regulation. Since the government announced this......
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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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