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KISCH IP | South Africa | 18 Mar 2019

What constitutes copyright in South Africa and how can it be protected?

Under South African statute, the owner of copyright in a work is given the exclusive right to perform certain specified acts in respect of that work or to authorise others to do so, thus preventing unauthorised persons from performing those acts. However, only certain specified categories of work defined in the Copyright Act are eligible for copyright protection.
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Vaish Associates Advocates | India | 14 Mar 2019

CCI approves Bayer's acquisition of Monsanto subject to structural modifications

The Competition Commission of India has approved Bayer Aktiengesellschaft's proposed acquisition of Monsanto Company, subject to certain remedies. For example, the combined entity must give the government access to Indian agro-climatic data free of charge and cannot directly or indirectly impose commercial dealings capable of causing exclusivity in the sales channel for the supply of......
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BMA Barbosa, Müssnich, Aragão | Brazil | 7 Mar 2019

Just desserts: CADE fines company for exclusivity practices in ice cream market

The Administrative Council for Economic Defence (CADE) tribunal recently fined Unilever R29.4 million for abusing its dominant position in the impulse ice cream (ie, ice cream for immediate consumption) market. According to CADE, Unilever had violated competition law by adopting different types of agreement with its points of sale, which had resulted in their de facto exclusivity to sell......
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AFDO-adv | Portugal | 22 Feb 2019

Court rules on depreciation and amortisation of submerged lands within concession agreement

The South Administrative Central Court recently discussed the problem of the admissibility, for accounting and tax purposes, of the depreciation and amortisation of submerged lands within a concession agreement between a company and the Portuguese state relating to the use of a public hydro domain for watering and hydroelectric exploitation. The court concluded that no contradiction existed......
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Wanhuida Intellectual Property | China | 17 Dec 2018

Owner of unregistered well-known trademark granted Rmb3 million in damages for infringement

In 2017 the Beijing IP Court rendered a groundbreaking decision by awarding the owner of an unregistered well-known trademark Rmb3 million in damages for infringement. According to the Trademark Law (2013 version), the owner of an unregistered trademark can prevent a third party from registering or using an identical or similar trademark on the same or similar goods. However, the law is......
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Beretta Godoy | Argentina | 17 Dec 2018

First round of competitive bidding for offshore exploration launched

The government recently published Decree 872/2018, ordering the Secretariat of Energy to launch the first round of international competitive bidding for offshore exploration permits. Given Argentina's size and the potential for the discovery of new energy sources, the government aims to exploit its resources through effective investment in seismic surveys and hydrocarbon explorations in......
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KISCH IP | South Africa | 5 Nov 2018

Is graffiti protected by copyright?

Graffiti is generally no longer considered to be a work of vandalism or an act of destruction of public property. Instead, it has become a marketable commodity, with some fashion labels and major corporations even using it in their advertising campaigns. However, graffiti's legal status as art has not been established, which begs the question of whether it can be protected by copyright and......
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Sołtysiński Kawecki & Szlęzak | Poland | 17 Sep 2018

Audiovisual works and problems with copyright law

The Copyright Law provides no legal definition of what constitutes an 'audiovisual work', which has resulted in problems regarding the remuneration of authors and the role of collective management organisations in this context. The practical issues concerning remuneration for the use of audiovisual works underline the need to amend the Copyright Law, as the existing legislative gaps cannot be......
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Wanhuida Intellectual Property | China | 17 Sep 2018

Relationship between new Anti-unfair Competition Law and Paris Convention: continuation of use

The Paris Convention forms the cornerstone of China's legislative framework on the protection of commercial signs. This framework also comprises the new Anti-unfair Competition Law, which took effect in January 2018, and the Trademark Law, among others. This article analyses Article 59(3) of the Trademark Law and, by way of a comparison with the corresponding provisions of the new Anti-unfair......
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Lapointe Rosenstein Marchand Melançon LLP | Canada | 21 Aug 2018

Franchisor caught between rock and hard place: importance of clear exclusivity clauses

Franchise arrangements often involve a three-way relationship whereby franchisors enter into commercial leases with landlords and then sublease the rented premises to franchisees. Such leases often contain an exclusivity clause limiting the landlord's ability to lease nearby commercial space to competitors of the franchise network. The Superior Court of Quebec recently confirmed that......
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