Default judgment can be an effective way to stop online infringement. The Federal Court’s decision in Kaira District Co-operative Milk Producers’ Union Limited v. AMUL Canada, 2021 FC 636 is the most recent example of the effectiveness of default
France – Strengthening the fight against online piracy
In light of the evolution of the digital practices of Internet users, the new law n° 2021-1382 of 25 October 2021 on the regulation and protection of access to cultural works in the digital era seeks to modernise the existing
How does an offer for sale affect the patentee’s profitability – an economic analysis from the SPC
Under the PRC Patent Law, the offering for sale of an infringing product constitutes an act of infringement, regardless of whether the product is actually sold or not. However, there are divergent views as to what damages arise merely
NFTs and Intellectual Property Rights
Any creative endeavour is in theory capable of being tokenised or “NFT’d”. Record prices are being reached for the sale of non-fungible tokens (NFTs). But what are NFTs? How are they created? Why are they so valuable? What does the
Combatting Online Copyright Infringement
The Internet is a fantastic platform for the widespread dissemination and exchange of works and information. It is also an increasingly popular medium for infringers to illegally source and share copyrighted materials.
Losing control over you work is not only
Trick-or-Treat Trademarks
It’s that time of year again – whether you’re sneaking pieces from a child’s stash, or waiting to score some discounted leftovers off of the shelves once the big night has passed, Halloween promises a wealth of treats for candy
Planning to import chemicals in to Australia from overseas?
Australian businesses are increasingly turning to overseas manufacturers to fulfil domestic demand for chemicals and chemical-based consumer products. Year on year, figures show that Australian companies are importing increasing volumes of these products, with some of the strongest performers coming
Canadian Federal Court of Appeal affirms that use of variant was use of Registered Mark
The recent Federal Court of Appeal decision in Geox S.P.A. v. De Luca considered whether modifications to the appearance of a trademark went beyond the scope of the registration. The Court also highlighted important factors for brand owners to consider
Trademark protection in France: distinctiveness may result from the addition of an ornamental sign to usual or descriptive language
In a judgment of 17 September 2021, the Paris Court of Appeal has ruled in favour of the validity of the semi-figurative trademark a descriptive verbal element . The Judges highlighted in particular that, although the expression “vente privée”
Jaguar Land Rover vs. Land Wind: A typical case of simultaneous enforcement of IP rights and unfair competition claim
As an old Chinese proverb goes, “what one loses on the swings, he gets back on the roundabouts.” This is exactly what happened to Jaguar Land Rover in its claim against Land Wind (Jiangling Motors) in China for copying of