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The BBS Supreme Court case - a cloth too short for an obi & too long for a tasuki

Article Abstract:

Japan's Supreme Court July 1, 1997 patent decision, that parallel imports do not create patent infringements, does not reflect a cognizance of the practicalities of conducting international commercial transactions. The court's decision, in BBS Kraftfahrzeugtechnik AG v. Racimex Japan Corp., does not mirror decisions made in the European Union or the US. Japan's legislature should amend the patent law to prohibit parallel imports but allow for certain exceptions, to avoid the uncertainty and further litigation this decision will cause.

Other Justice, Public Order, and Safety Activities, Patent Law, Imports of Goods & Services, Remedies, Patents (International law), Imports

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Protecting color per se in the wake of Qualitex v. Jacobson

Article Abstract:

The US Supreme Court ruled in Qualitex Co. v. Jacobson Products Co. that color alone could be the basis for trademark claims. The case involved dry cleaning press pads manufactured by Jacobson that were the same color that Qualitex had been using for over 30 years. The courts at all levels agreed that a passing off claim was shown, but the US Court of Appeals for the Ninth Circuit had refused to recognize color per se trademarks. The Supreme court reversed on this issue and found color could be trademarked.

United States, Intellectual property, Color

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Japan: highlight of amendments to the Unfair Competition Prevention Law and an outline of the new law

Article Abstract:

Amendments to Japan's Unfair Competition Prevention Act focus on counterfeit goods and trademark infringement as forms of unfair competition and expand on existing remedies. Unfair competition claims can result from the use of goods which are an exact copy of the goods of another. Trademark protection has been extended to services and the nature and quality of services. These changes are a step toward conforming Japanese laws with the Paris Convention on Industrial Property.

Unfair competition (Commerce), Unfair competition, Counterfeiting (Money)

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