Intellectual Property updates

Italy

Contributed by IP Law Galli
Decision confirms efficiency of courts in protecting trade secrets
  • Italy
  • July 23 2018

The Court of Brescia's Company and IP Specialised Division recently issued two landmark decisions that enhance the protection of trade secrets in Italy. The decisions coincide with Italy's implementation of the EU Trade Secrets Directive and confirm the high level of protection afforded to trade secrets, which are considered to be a form of intellectual property and benefit from protection under the EU IP Rights Enforcement Directive.


South Africa

Contributed by KISCH IP
Caged songbirds: ownership of copyright in musical works
  • South Africa
  • July 23 2018

For musicians, securing the protection of and ownership in their work is as important as the work's conception. In order to avoid costly mistakes, musicians should consult a suitably skilled attorney from the inception of their musical works so that sufficient measures can be taken to ensure that any agreements into which they enter are fair and that the ownership of their works remains vested in them, as the author.


Spain

Contributed by Grau & Angulo
Appeal court stresses importance of drawings for defining a patent's scope of protection
  • Spain
  • July 23 2018

The Madrid Court of Appeal (Section 28) recently confirmed the dismissal of a patent infringement action filed by PERI GmbH against Spanish company Sistemas Técnicos de Encofrados (STEN). The court held that a patent's scope of protection is determined by its claims and that the patent description and drawings must be considered in an interpretation of the claims. In light of this, the court concluded that STEN's scaffolding did not infringe PERI's patent.


USA

Contributed by Fitzpatrick, Cella, Harper & Scinto
Supreme Court: patent owners can recover lost profits damages based on foreign acts
  • USA
  • July 23 2018

The US Supreme Court recently held that patent owners can recover lost profits damages under 35 USC Section 271(f)(2) based on acts occurring outside the United States. Section 271(f)(2) imposes patent infringement liability where a party supplies components from the United States that are not "suitable for substantial noninfringing use" which it intends to be combined abroad in a manner that would infringe if the combination had occurred within the United States.


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