Jurisdictional guides

This subtopic provides access to guidance on the IP regimes in jurisdictions outside the UK.

It includes Lexology Panoramic reports and Q&A guides for numerous jurisdictions.

It also includes a selection of Practice Notes that were originally written for Lexis+® US and Lexis+® Hong Kong.

The subtopic also contains Practice Notes setting out guidance on the trade mark and copyright regimes in China, and information about considerations relevant to dealing with IP in foreign jurisdictions or across multiple nations.

Lexology Panoramic

The Lexology Panoramic reports are extensive documents, written by local practitioners in around 20–50 jurisdictions. Each report brings together information on the law regarding specific IP-related topics, across a range of countries. This is presented in a convenient format where the same questions on a topic are asked of the practitioners in every country covered.

The following reports are available in this

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Latest IP News

Section 11A non-use defence brings easyGroup claim to a halt (easyGroup v Jaybank)

IP analysis: The decision of the Intellectual Property Enterprise Court (IPEC) in this case is a timely reminder that even a well-known brand cannot circumvent the hard evidence limits of trade mark use. easyGroup Ltd (easyGroup) alleged that Jaybank Leisure Ltd’s (Jaybank) use of EASIHIRE for vehicle rental infringed its easyHire UK trade mark registration. Judge Hacon accepted that the marks at issue were indeed strikingly similar and found confusion likely under section 10(2) of the Trade Marks Act 1994 (TMA 1994). On a straightforward confusion analysis, easyGroup may have succeeded in this case, but that was not the end of the story. The trade mark infringement claim ultimately failed in its entirely, as Jaybank invoked the non-use defence under TMA 1994, s 11A, arguing that easyGroup had not made genuine use of the easyHire mark for the registered rental services in the relevant five-year period. The court agreed. easyGroup’s evidence consisted largely of later created websites and somewhat ambitious franchise material, neither of which were sufficient to establish a real market supporting commercial use. This decision highlights the sharp edge of TMA 1994, s 11A and makes clear that in the UK, enforceability depends on genuine use, not registration alone. Written by, Tamsin Knight, trainee trade mark attorney at HGF Ltd, and Lee Curtis, partner and chartered trade mark attorney at HGF Ltd.

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