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Davies Collison Cave | Australia | 22 Jun 2022

Uniden’s mobile radio product found to infringe GME’s registered design

In a recent decision concerning design infringement, the Federal Court of Australia determined that Uniden Australia’s mobile radio product embodied…
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Wisdom International Patent & Law Office | Taiwan, USA | 13 Jun 2022

台湾企業の神基科技(Getac)が米国でパナソニックに意匠権侵害で提訴され5億台湾ドルの損害賠償支払い判決が下される

神基科技(Getac)は6月9日、米国における意匠権侵害訴訟事件によりパナソニックに提訴されていた件について、カリフォルニア州中部地区連邦地方裁判所は6月9日に、意匠権侵害が成立するとし、神基科技及び神基投資控股股份有限公司(Getac Holdings Corporation)に対し1…
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Wanhuida Intellectual Property | China | 13 Jun 2022

Patentee leverages pre-suit mediation procedure to settle design infringement in China

In October 2021, it came to the attention of a lighting company that an English website owned by a Chinese company was offering a ceiling lamp that was almost an exact copy of its Chinese design patent. In light of the heavy workload of the courts and the strong evidence of infringement, the patentee agreed to pre-litigation mediation. It took only four months to settle the dispute,......
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Nishimura & Asahi | Japan | 30 May 2022

What constitutes an "import"? Revised trademark and design legislation aims to strengthen effectiveness of anti-counterfeiting measures in Japan

While border enforcement measures in Japan are generally effective, the border enforcement regulations and practices were unable to effectively address the changing trends in e-commerce transactions and the increase in counterfeit goods being imported into Japan for private use. In May 2021, the Trademark Act and the Design Act were revised to strengthen the effectiveness of border......
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Bryn Aarflot AS | Global | 23 May 2022

Hague system on international protection of industrial designs: Geneva Act 1999

The Hague Agreement Concerning the International Deposit of Industrial Designs is the basis of the Hague system, of which the Geneva Act 1999 is the latest and the most prominent act. International design registration is something that all design-intensive companies which have an international business should consider as an option instead of national or regional registrations.
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Pinsent Masons | United Kingdom | 9 May 2022

High Court ruling highlights need for care with prior art in design infringement proceedings

A recent judgment by the Intellectual Property Enterprise Court is a useful reminder to both claimants and defendants of some of the basics of design infringement litigation in the United Kingdom. The case highlights that careful consideration needs to be given to prior art and that a comparison with the prior art must take into account the overall aesthetic effect of an article, and not......
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RK Dewan & Co | India | 15 Mar 2022

Delhi High Court uncoils the ‘SERPENT’

Bvlgari SPA (Bulgari) and Notandas Gems Pvt. Ltd. (Notandas) both are engaged in the business of manufacturing high-end jewellery. Bulgari is the…
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Pinsent Masons | United Kingdom | 14 Mar 2022

UK and EU legal divergence likely as United Kingdom consults on future of its national designs regime

Is the United Kingdom's national designs framework fit for the future? This is the question at the heart of a current consultation by the UK Intellectual Property Office. The government's ambition is for the United Kingdom to be the "best place in the world to innovate" and so significant reforms to the designs regime, to the benefit of designers, are expected.
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Wanhuida Intellectual Property | China | 7 Mar 2022

Martell secures 5 million yuan in damages from Chinese copycats

In a noteworthy case, the Huadu District People's Court of Guangzhou Court ruled in favour of Martell, a cognac house, after it came to Martell's attention that two companies had jointly produced and distributed five brandy products with shapes quasi-identical to Martell's trademarks and trade dresses. The question remains whether 3D trademark infringement and trade dress infringement (ie,......
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Murgitroyd | European Union, United Kingdom | 1 Mar 2022

How to protect product and branding designs with IP rights

When building an IP portfolio, design rights are often overlooked in favour of patent and trade mark protection. However, all three can have crucial…
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