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Since of the very beginning of the modern copyright law era, the exclusive right of reproduction has been an integral part of copyright law. However, among the fundamental concepts of copyright, it is perhaps the least suitable for the digital environment due to its technical-functional nature. Flexible, principle-oriented regulation enabling context-sensitive outcomes and balancing of interests is...
1. For a court order to present documents according to Sec. 105 para. 1 Patent Act, such documents must on the one hand be necessary in order to prove infringement or the amount of damages, and on the other hand there must not be a legitimate interest to withhold such documents. 2. In order to avoid abusive or exploratory requests for obtaining information about a competitor’s business, an applicant...
A trade mark can be deceptive if it is capable of deceiving the consumer as to the relationship between the sign used and a work protected by copyright or a neighbouring right.
(a) A work is located “on” public paths, streets or spaces if it can be observed from public paths, streets or spaces; it is irrelevant whether the work itself is accessible to the public. (b) Paths, streets or open spaces are “public” within the meaning of Sec. 59(1), first sentence, of the Copyright Act if they are freely accessible to everyone, regardless of whether they are publicly or privately...
At the end of 2014, China introduced new specialist intellectual property (IP) courts. Although China had IP tribunals within the People’s Courts, the reform to establish separate IP courts was touted as a significant step in establishing the rule of law in the governance of IPRs in China. This is not surprising considering that an independent judiciary is central to the rule of law. This institution...
1. Respondent filed a patent infringement suit in the District Court for the District of Delaware against petitioner, a competitor that is organized under Indiana law and headquartered in Indiana but ships the allegedly infringing products into Delaware. Petitioner moved to transfer venue to a District Court in Indiana, claiming that venue was improper in Delaware. 2. The patent venue statute,...
There is no legal basis for a judicial order allowing only the representing attorney, but not his client, to inspect documents obtained in the course of a seizure and possibly containing trade secrets of the party subject to such seizure.
The European Patent Convention (EPC) establishes a common system of law for the grant of European patents. A European patent is often equated to a “bundle of national patents”, as far as questions of applicable law are concerned. On closer scrutiny, the applicable conflict-of-laws rules for the various issues that are left to national law by the EPC differ substantially, and many do not fit the “bundle”...
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