Italy: Protection Against Trade Mark Infringement In China Seen From The Italian Perspective: Ariston Thermo China Co Ltd And M&B Marchi E Brevetti Srl v Foshan Shunde A Li Si Dun Electric Appliance Co Ltd
This is a comment regarding a judgment obtained by an
Italian company (M&B Marchi e Brevetti, which is part of the
Ariston group) and its Chinese subsidiary (Ariston Thermo China Co
Ltd) having a long-term presence in China and specialising in the
manufacture and marketing of household water heaters....
Specific Questions relating to this article should be addressed directly to the author.
Following the recent landmark decision of the Court of Justice of the European Union (CJEU), the UK High Court has ruled that using decoder cards imported from other Member States to show live Premier League football matches in UK pubs constitutes a "communication to the public" and can give rise to copyright infringement of the "works" contained in those broadcasts.
On 24 November 2011, the Court of Justice of the European Union ("ECJ") delivered its judgments in case C-322/10 Medeva BV ("Medeva") v. Comptroller General of Patents, Designs and Trade Marks and case C-422/10 Georgetown University, University of Rochester, Loyola University of Chicago v. Comptroller General of Patents, Designs and Trade Marks.
On 6 December 2011, the UK Government released draft legislation detailing its proposal to introduce from 1 April 2013 an optional preferential regime providing for a reduced 10% UK corporation tax rate for profits arising from patents (and other limited forms of qualifying IP, such as rights pertaining to the regulatory data protection granted to new pharmaceuticals and agrochemical products and plant variety rights).
The EU’s Court of Justice recently delivered a ruling that should interest enterprises exporting products either directly to or via the European Union.
On 13 January 2012, the European Commission published two studies exploring the need for further harmonisation in the field of EU intellectual property rights.
The CD Regulation provides that a design will be protected as a Community Design to the extent that it is "new" and has "individual character". A design will be considered to be new if no identical design has been made available to the public (in the case of a registered Community design) before the date of filing of the application for registration of the design for which protection is claimed, or, if priority is claimed, the date of priority.
On 23 June 2011, the Commercial Court of Brussels (the "Court") handed down a judgment in which it shed an interesting light on the elements taken into account for the calculation of damages awarded to the a trade mark holder to compensate for the sale of counterfeit products.
Twitter
Facebook
Digg 
