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Ojam Bullrich Flanzbaum | Argentina | 27 Mar 2023
What is the function of the Federal Civil and Commercial Chamber in the new trademark opposition resolution process?
After the Trademark Office declared one party's opposition to another party's trademark application to be well founded, the trademark applicant appealed the decision to Chamber No. III of the Federal Civil and Commercial Court. As discussed in this article, this case exemplifies how the Court can review the Trademark Office's decisions. Although evidence cannot be added as part of this review......
Lee and Li Attorneys at Law | Taiwan | 6 Mar 2023
Supreme Court provides guidance on evidentiary competence of trademark infringement assessments
Recently, several trademark infringement cases have focused on the requirements that a trademark infringement assessment report must meet before it can be adopted. The Trademark Act is silent on this issue. In a 2022 case, the Supreme Court held that the appraiser must report both the assessment process and the assessment result in writing.
Clayton Utz | Australia | 2 Feb 2023
Litigation 101: Evidence - using foreign law in Australian litigation
Think early about whether you need foreign law evidence to establish your case. Sometimes when conducting litigation in Australia, issues of foreign…
Wilmer Cutler Pickering Hale and Dorr LLP | USA | 21 Dec 2022
The Other Side Says Your Evidence Is A Deepfake. Now What?
In several recent high-profile trials, defendants have sought to cast doubt on the Reliability of video evidence by suggesting that artificial…
Wanhuida Intellectual Property | China | 12 Dec 2022
SPC sets out test for ascertaining what constitutes common knowledge evidence
🕑 5 minutes When assessing inventiveness in patent prosecution and invalidity procedures, common knowledge evidence is often cited as a benchmark of the technical knowledge and awareness of persons skilled in the art. However, stakeholders often struggle to ascertain what constitutes common knowledge in practice. In Targetpharma Laboratories et al v CNIPA, the Supreme People's Court set out......
Lee and Li Attorneys at Law | Taiwan | 21 Nov 2022
Parties may not submit new evidence during appeals of trademark cases before Supreme Administrative Court
🕑 1 minute Parties involved in trademark opposition, invalidation or revocation proceedings sometimes attempt to assert new facts or present new evidence at the stage of the administrative appeal or administrative litigation proceeding after the Intellectual Property Office has made its decision. In a recent appeal of a trademark opposition proceeding, the Supreme Administrative Court ruled......
CMS Albiñana & Suárez de Lezo | Spain | 12 Oct 2022
Can a recording of a conversation be used as evidence in an appeal against an employee's dismissal?
🕑 2 minutes In a recent judgment, the Supreme Court examined whether sound recording evidence could be used to support a review of proven facts in an appeal. The case concerned an employee who had been dismissed for having failed her probation. The employee claimed that the dismissal constituted a reprisal by the employer for a dispute she had had over her salary. The sound recording in......
Wanhuida Intellectual Property | China | 27 Jun 2022
Obtaining evidence for patent litigation in China: calculation of damages
Obtaining evidence has long been acknowledged as an arduous task for patentees seeking to take legal actions in China. The fact that the plaintiff bears a greater burden of proof in judicial proceedings in China has drawn criticism from the legal community. The matter is further complicated by the lack of discovery procedure and the high bar set for admissibility of evidence. This article......
Wanhuida Intellectual Property | China | 20 Jun 2022
Obtaining evidence for patent litigation in China: infringing products and processes
Obtaining evidence has long been acknowledged as an arduous task for patentees seeking to take legal actions in China. The fact that the plaintiff bears a greater burden of proof in judicial proceedings in China has drawn criticism from the legal community. The matter is further complicated by the lack of discovery procedure and the high bar set for admissibility of evidence. This article......
Khaitan & Co | India | 16 Jun 2022
Applicability of section 65-B of Indian Evidence Act 1872 in arbitration proceedings
A judge of the Delhi High Court, while hearing a petition challenging an arbitral award, clarified that though the principles of the Indian Evidence Act 1872 usually apply to arbitral proceedings, certain specific provisions of the Act do not apply. The judgment arises out of the case of Millennium School v Pawan Dawar, OMP in a petition filed by Millennium School assailing an award passed by......
