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Tag Archives: unfair competition

IP Enforcement Focus : Europe – round-up

IP Enforcement Focus is our series of written, video and audio posts which plug into your current European enforcement issues. These posts cover IP related court cases as well as relevant political and economic developments in this area. Since January, we have published 13 summaries of key IP enforcement developments, including 8 v-logs. This round-up outlines each commentary with a link to the full post,

China: Whose voice is it? – The arbitral award is out… but the case is not concluded…

The Hong Kong International Arbitration Center (“HKIAC”) has recently issued its final award in the trademark litigation saga surrounding “The Voice of China” – which we first discussed here. This case is high-profile and interesting, because it involves parallel arbitral and judicial procedures (including a rare preliminary injunction) about the ownership of the rights in

France: No requirement for a domain name to be distinctive in unfair competition claims

In a decision of 6 December 2016, the French Supreme Court of the Judiciary (“Cour de Cassation”) provided a very useful clarification in relation to unfair competition claim (“concurrence déloyale”, a tortious action) based on domain names. The Cour de Cassation stressed that neither the distinctiveness nor the originality of a domain name were a

Global bribery and corruption review – IP snippets

We’ve recently released our Global bribery and corruption review — a guide to developments in anti-bribery and corruption regulation and enforcement. In it we review events, examine trends, draw on our work with clients, and project what might happen in 2017. The review looks at a number of regions, including the United States, United Kingdom,

France: Disparagement or FRAND offer?

A letter to the customers of a handset conceiver and seller, warning them against possible infringement, may constitute an offer for a Fair Reasonable And Non-Discriminatory (“FRAND”) license and is not constitutive of unfair competition. Wiko v. SISVEL, Commercial Court of Marseille, France 20/09/2016 The case reported is the first French FRAND-case initiated after the Huawei/ZTE

IP Enforcement Focus : Europe – Quarterly round-up

IP Enforcement Focus is our series of written, video and audio posts which plug into your current European enforcement issues. These posts cover IP related court cases as well as relevant political and economic developments in this area. Over the last quarter, we have published 12 summaries of key IP enforcement developments, including 4 v-logs. This roundup outlines each commentary with a link

V-log: Technical standards slipping? Unfair competition claims can come into play

In this IP Enforcement Focus v-log, we highlight the key take-aways from a recent German Supreme Court decision dealing with unfair competition claims based on non-compliance of technical standards where the specific consumer is protected. Harmonised European standards set the bar for German law in this case, meaning that the implications widen to cover a range of jurisdictions

China: Whose voice is it?

The Beijing IP Court recently issued a widely discussed preliminary injunction against Canxing (上海灿星文化传播有限公司) in a trademark dispute about the name of a famous TV program “the Voice of China”/”中国好声音”. In its first preliminary injunction since its establishment in December 2014, the Beijing IP Court ordered Canxing to immediately cease the use of the name

A welcome trend: China’s Supreme People’s Court rules damages should be proportional to fame in trademark infringement cases

In a recent appeal, China’s Supreme People’s Court (“SPC“) found in favour of Michelin against Sen Tai Da and related parties (“Sen Tai Da“) for trademark infringement. The SPC’s decision is significant in that it authoritatively confirms the emerging trend to take the reputation of a mark into account when determining the level of the

Vietnam: New jurisdiction on LimeGreen IP Knowhow

We’ve added Vietnam to the jurisdictions on Hogan Lovells’ LimeGreen IP. You can find three new topics focused on guiding you through the following areas of IP law in Vietnam: Copyrights Protection In accordance with Vietnamese IP Law, the author and copyright holders are defined as (i) Vietnamese organizations and individuals; (ii) foreign organizations and individuals whose works to be protected were

China – When do cease-and-desist letters become unfair competition?

Owners of Chinese patents should take care not to be overly aggressive in asserting their patent rights, especially when dealing with a retailer, dealer, or importer. So long as the patent owner’s conduct falls within normal business practice, a patent owner should not be responsible for the alleged infringer’s economic harm, even if the patent

The big picture on IP litigation in China

The Supreme People’s Court (“SPC”) recently released its White Paper on Judicial Protection of IPR, 2015 (“中国法院知识产权司法保护状况(2015), “White Paper”), containing statistics on IP litigation in China. Significantly, the statistics also contain the first conclusive data on the operation of the specialized IP Courts in Beijing, Shanghai and Guangzhou, over a year after they started accepting

Hot off the press – Global Design and Trade Dress newsletter

Good design is a lot like clear thinking made visual.”  –  Edward Tufte Like design aiming at visualizing clear thinking, this newsletter gives you a fascinating overview of the current legal landscape of design law and related areas – providing you an overview of recent case law and new legal developments from around the world. With

Germany/Hamburg – Unfair Competition seminar: The state-of-play in Germany spotlighting online cases

Client seminar with guest speaker of the German Centre for Protection Against Unfair Competition (Wettbewerbszentrale – Zentrale zur Bekämpfung unlauteren Wettbewerbs e.V.) On 17 November 2015 a client seminar on recent developments in Unfair Competition Law will take place in the Hamburg office of Hogan Lovells. A director of the German Centre for Protection Against

China’s SAIC tightens its grip on online advertising in its newest Draft Measures

Given the lower level of government scrutiny and the widespread use of (mobile) internet, online advertising has become very popular in China. However, in the wake of China’s new Advertising Law, the State Administration of Industry and Commerce (‘SAIC’) has now turned its attention to the online environment, recently issuing its Draft Interim Measures for

TMT Developments in China

The first half of 2015 has seen a number of landmark developments shaping China’s TMT sector. We hope that you enjoy this selection of articles, which we believe represent a good cross-section of the vibrant developments in Greater China’s TMT sector. In particular, the following articles affect the IP field: E-commerce liberalization kicks off in

Competition law: Supplementary protection following the expiration of a patent

Schnabl wins with Hogan Lovells landmark case before German Federal Court of Justice The question of whether and how to secure supplementary protection for products that once enjoyed patent protection is of paramount economic interest. Apparently, German courts have adopted quite diverse positions on this subject. However, most recently the German Federal Court of Justice

German Federal Supreme Court: Presentation of a product at a specialized trade fair poses no automatic threat for IP infringement

On 23 October 2014, the German Federal Supreme Court handed down a decision on the requirements for injunctive reliefs, particularly concerning the presentation of allegedly infringing products at trade fairs (I ZR 133/13). The full reasons for the decision were published recently. In the decision at hand, the manufacturer of “MIKADO” biscuit sticks sought injunctive

AdBlock Plus – German media houses want it stopped

Adblocking is an increasingly wide-spread phenomenon with huge impact on the online advertising industry. The best known and by far most popular adblocking tool is AdBlock Plus, marketed by the German company Eyeo GmbH. AdBlock Plus is among the most frequently downloaded browser add-ons worldwide, with over 144 million active users reported in 2014 (Source: