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Simion & Baciu | Romania | 3 Oct 2022
Assessment of damages for infringement of IP rights
The enforcement of IP rights not only leads to improved sales by removing infringing goods from the marketplace, but it can provide a means to recover losses in revenue (ie, infringement damages). This article outlines the legislation covering counterfeiting in Romania and the criteria that the Romanian courts use to assess damages for counterfeiting.
Grünecker | Germany | 16 May 2022
Presumption of validity of patents as decisive criterion
It is indispensable that the courts do not render a decision in preliminary injunction proceedings that proves to be wrong in the main proceedings. In particular, uncertainty can result from the question of whether the patent is valid – only about one-third of patents are maintained in validity proceedings without limitations. This article explores a recent European Court of Justice ruling on......
RK Dewan & Co | India | 19 Aug 2021
Covering half a mile and preventing others from covering rest of the mile.
Two Indian patents 205147 (‘IN 147’) and 235625 (‘IN 625’) were granted to Bristol Myers Squibb Company, which were subsequently assigned in favour…
Wrays | European Union, United Kingdom | 8 Nov 2018
The impact of BREXIT on UK & European patents
As is widely known, the United Kingdom shocked the world - and themselves - by voting No on the question of whether to remain part of the European…
Hogan Lovells | European Union | 14 Sep 2018
German Federal Court of Justice submits copyright dispute over YouTube to CJEU
This week, copyright is all over the place. After the European Parliament voted on proposed copyright reform in Europe last Wednesday (12 September…
LK Shields | Ireland, United Kingdom | 17 Aug 2018
LK Shields | Employment Law Legislative Update 20 April 2018 - 31 July 2018
One of the key developments in this issue of our employment law legislative update is the Data Protection Act 2018…
IP Law Galli | Italy | 23 Jul 2018
Decision confirms efficiency of courts in protecting trade secrets
The Court of Brescia's Company and IP Specialised Division recently issued two landmark decisions that enhance the protection of trade secrets in Italy. The decisions coincide with Italy's implementation of the EU Trade Secrets Directive and confirm the high level of protection afforded to trade secrets, which are considered to be a form of intellectual property and benefit from protection......
Studio Legale Previti | Italy | 10 May 2018
The concept of “alias” (of a pirated website) according to the Court of Milan - enterprise “a” section.
The Court of Milan, Enterprise "A", with an order dated April 12th 2018, has accepted in full the injunction requests of Arnoldo Mondadori Editore S.p…
IP Law Galli | European Union, Italy | 12 Mar 2018
Italy ready to implement EU Directive on Trade Secrets
The government recently submitted to Parliament the text of a draft legislative decree to implement the EU Directive on Trade Secrets. The main changes proposed include the alignment of domestic rules on trade secrets with international standards; the prohibition of trade in goods whose design, features, function, production or marketing significantly benefit from unlawfully obtained trade......
Taylor Wessing | Germany | 21 Dec 2017
Product recall as part of injunctive relief
The German Federal Court of Justice (“FCJ”) has given three landmark decisions addressing product recalls in the context of injunctive relief in IP…
