Header graphic for print
LimeGreenIP News

Tag Archives: cease and desist

Q&A: Why you should consider registering your copyright in Vietnam

Following our recent Q&A on copyright registration in China, we now turn to Vietnam where there is also a voluntary copyright registration system. Why register? Under the Law on Intellectual Property of Vietnam, copyright shall arise at the moment a work is created and fixed in a certain material form, irrespective of its content, quality,

Q&A: Why you should consider registering your copyright in China

While not compulsory, getting a copyright registration in China can offer many benefits to IP owners. This article will give an overview of the copyright registration system in China. Copyright registration is also available in some other Asian countries such as Japan and Vietnam. Why register? Copyright ownership in China arises automatically, upon completion of

Landmark decision of the German Federal Supreme Court: Cease and desist orders comprise the obligation to recall infringing products

BGH, 29th September 2016 – I ZB 34/15, published on the 10th January 2017 The German Federal Supreme Court decided on the 29th September 2016, published on the 10th January 2017, to the surprise of many that a cease and desist order regarding the distribution and promotion of infringing products in principle includes the obligation

Not so unitary after all? Cease & desist and damages claims law in EUTM infringements

The Higher Regional Court of Frankfurt recently ruled on the territorial scope of cease and desist claims and the law applicable to damages claims in a case where infringing acts occurred in several EU Member States (Higher Regional Court of Frankfurt, case ref. 6 U 4/15). Generally, the EU trademark regulation provides unitary protection of

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

Warning Letters are Mandatory in Russia since 1 June 2016

Since 1 June 2016 it is mandatory to serve the potential infringer with a 30-day prior cease and desist letter before filing a claim with the court. This requirement applies to civil law cases between legal entities and individual entrepreneurs, except for a limited number of cases, including non-use cancellation actions. The rule does not