China introduced a new IP Court

pexels-photo-879359

China introduced a new intellectual property court on 01.01.2019. The main aim of this new court, which is a part of the Supreme People’s Court, is to bring more quality and efficiency regarding all sorts of intellectual property desputes in the country and in that way to send a positive signal to all local and foreign market players.

The new court will be responsible for:

  • Civil law cases after the first instance
    That includes: Invention patent, utility model patent, layout designs for integrated circuits, technical inventions, computer software, new plant varieties
  • Administrative cases at first instance concerning more technical issues, including designs and monopoly disputes
  • Protest cases after first instance appeal cases which have entered into force after first instance independently of the civil cases or administrative cases mentioned above.

For more information here.

Source: Dr. Meyer-Dulheuer & Partners LLP.

Image: David Besh/Pexels
Advertisements

Lithuania introduced some important changes in its trademark legislation

lithuania-966145_960_720.jpgAs of 01.01.2019, some important changes have been introduced in the trademark law in Lithuania, which adopt provisions from the EU Trademark Directive 2015/2436.  The most essential of them are:

  • there is no more a requirement for graphical representation of a sign when it is applied for trademark protection;
  • an opposition system was introduced which means that the Patent Office will make an examination on absolute grounds, and after that, every interested party can file an opposition based on earlier rights;
  • certification marks are now possible for registration;
  • invalidation and cancelation of trademarks will be done by the Patent Office, and not only by the Court as before.
  • the trademark owner can stop goods labeled with his trademark to be transited across the country unless the person transporting the goods proves that the trademark owner is not entitled to prohibit the placing of those goods on the market in the country of final destination.
  • the fees for registration of trademarks have been increased. For example, the fee for new trademark application goes up from 138 euro to 180 euro for one class of goods and services.

For more information here.

Source: Marques Class 46.