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Boris Malakhov (Lidings)
Russia: 50 shades of grey import
March 21, 2018

 On February 13, 2018, the Russian Constitutional Court issued a judgement in which it checked whether the existing regime of parallel import was in line with the Constitution. Although grey…

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Verena von Bomhard (BomhardIP)
The Griffin beats the Winged Bull: Marriott prevails before the GC
March 20, 2018

  On 15 March 2018, Marriott Worldwide Corp., assisted by Anna Reid (D. Young & Co.), scored a major victory at the General Court (case T-151/17) against EUIPO and Mr. Johann Graf. Johann…

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Slobodan Petošević (PETOSEVIC)
Take Five - New Grace Period for Non Use in Ukraine via Association Agreement?
March 16, 2018

The IP-related provisions of the EU-Ukraine Association Agreement, signed and ratified by Ukraine in 2014, came into force on September 1, 2017. New rules regulating the non-use grace period for…

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Kai Schmidt-Hern (Lubberger Lehment ), Benjamin Koch (Lubberger Lehment)
Trademarks in Transactions – Part II: Rap about Reps & Warranties
March 15, 2018

This post is the sequel to the post 'Trademarks in Transactions – Part I: Due Diligence' which dealt with trademark issues which regularly arise during the due diligence phase of an M&A…

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Julius Stobbs (Stobbs IP), Cameron Malone-Brown (Potter Clarkson LLP)
Brexit: A Working Draft
March 12, 2018

On 28th February, the EU Commission published the Draft Withdrawal Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European…

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Laura Morelli (McDermott Will & Emery AARPI )
Reversal at the French Supreme Court – the mere affixing of a trademark to products intended for export constitutes infringement
March 08, 2018

On 17 January 2018, the French Supreme Court (Cour de cassation) held that affixing a prior trademark, without consent, to products exclusively intended for export to and lawful sale in China…

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Aron Laszlo (Oppenheim Legal)
Swissness in Hungary: which one is the sharpest knife in the drawer?
March 05, 2018

A Hungarian company distributed knives under the brands ‘BLAUMANN’ and ‘SWISS HUFEISEN’ in Germany and in other European countries including Hungary. The knives were manufactured in China and had no…

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Thomas Hvammen Nicholson (Protector IPC)
Norway: Supreme Court finds that after sales use may damage functions of a trade mark
March 02, 2018

In a decision of 17 January 2018 (HR-2018-110-A), the Norwegian Supreme Court concludes that trade mark protection covers instances where there is a clear possibility that damage to the functions of…

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Kluwer Patent Blog
Draft Brexit Agreement: continued protection in the UK of registered or granted IP rights
March 01, 2018

The draft Brexit Withdrawal Agreement between the EU and the UK, which was published by the European Commission on 28 February 2018, provides for continued protection in the UK of registered or…

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Bettina Clefsen (b/cl IP)
Germany: Preliminary injunctions – The infringer has to do more than just stop using
February 28, 2018

In yet another decision, the German Federal Supreme Court (BGH) has ruled on whether an injunction also obliged an infringer to take active steps to stop the distribution of infringing products…

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