The decision in Comic Enterprises Ltd v Twentieth Century Fox Film Corp shows that claimants who wish to take advantage of the costs cap available in the Patents County Court must approach the proceedings in a reasonable and proportionate manner. Claimants who approach the proceedings as they would High Court proceedings in a full-on attack on the defendant risk having the proceedings transferred to the High Court.
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The Court of Justice of the European Union has issued a judgment clarifying the position regarding infringement by later registered Community designs, offering useful guidance on the relevance of the intention of alleged infringers.
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The Council of the Federation has approved two bills establishing an intellectual property court within the system of the arbitration (ie, commercial) courts. The new court will deal with two types of cases: disputes over the establishment of IP right and IP infringement cases. The court is due to start operations no later than February 1 2013.
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As a consequence of the new regulation implemented by Law 5/2010, the Criminal Code has undergone important amendments. Previously, the time bar for IP crimes was three years under normal circumstances, and up to five years where it could be proven that there were aggravating circumstances. The minimum period has now been extended from three to five years, without having to prove the existence of aggravating circumstances.
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Proposed changes to the EU Customs Regulation are designed to reinforce the current legal framework for customs’ actions, as well as tackling the trade in small consignments of counterfeit goods sent by post. However, this week commentators expressed disappointment over the scope of the proposals.
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The Spanish Judicial Power Council has agreed that the 10 Commercial Courts of Barcelona will have competence over specific fields of intellectual property. For example, only Commercial Courts Nos 2 and 8 will have competence over trademark, industrial design and copyright matters.
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In Nike Inc v Already LLC d/b/a Yums, the US Court of Appeals for the Second Circuit has considered whether Nike’s broad covenant not to sue, as well as the voluntary dismissal of its trademark claims, divested the district court of subject matter jurisdiction over Yums’ counterclaims for a declaratory judgment and cancellation of Nike’s registration for its Air Force 1 shoes.
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The Indian courts are currently grappling with a huge backlog of cases, with 21.3 million cases waiting to be heard. However, the Delhi High Court has recently introduced a number of measures to encourage better case management and speedier resolution of cases. The most important development is that, at the first hearing, the judges have begun fixing a timetable and issuing detailed directions.
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The Indian courts are currently grappling with a huge backlog of cases, with 21.3 million cases waiting to be heard. However, the Delhi High Court has recently introduced a number of measures to encourage better case management and speedier resolution of cases. The most important development is that, at the first hearing, the judges have begun fixing a timetable and issuing detailed directions.
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In Yong Teng Hing B/S Hong Kong Trading Co v Walton International Limited, the Federal Court has held that a decision of the registrar of trademarks is not a decision of a subordinate court under the Court of Judicature Act. Based on the decision, it seems that appeals from decisions of the registrar may be filed all the way up to the Federal Court, as the registrar does not fall within the definition of a ‘subordinate or inferior court’.
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