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linda_us, Master's Degree
Category: Business and Finance Homework
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Legal Homework Questions

Customer Question

Submitted: 1 year ago.
Category: Business and Finance Homework
Expert:  socrateaser replied 1 year ago.


What question can I "justanswer" for you today?

Customer: replied 1 year ago.
3D Systems (3DS) is a manufacturer of 3D printers and scanners:3DS invented 3D printing with its Stereolithography (SLA) printer and was the first tocommercialize it in 1989.3DS invented Selective Laser Sintering (SLS) printing and was the first to commercialize it in1992.3DS invented the Color-Jet-Printing (CJP) class of 3D printers and was the first tocommercialize 3D powder-based systems in 1994.3DS invented Multi-Jet-Printing (MJP) printers and was the first to commercialize it in 1996.3DS manufactures a number of 3D printers for the professionaland consumer market. The professional printers are marketedunder the name ‘ProJet’ and the consumer version goes under thename ‘Cube’. It also markets 3D scanners; the professional‘Capture’, a handheld under the name ‘Sense’ and a click-on foriPads named ‘iSense’. They all run on proprietary software andthe printers require proprietary refill cartridges to continuefunctioning.QUESTION:First, you are informed that the firm Nintendo has launched an opposition against a recenttrademark application that 3D Systems filed at the European trademarks and designs office inclasses 9, 2 and 16 of the Nice Classification. It concerns potential conflict between the wordmark ‘3DS’ filed by your company and the pre-existing Nintendo word and device marksconcerning it's game computer the ‘3DS’.Please advise 3D Systems on its position.
Customer: replied 1 year ago.
Company A is the registered proprietor of an EU registered design for a flat screen television which, according to company A, is also protected by copyrights. This television is marketed under the name VISION. Company A takes the position that Company B (situated in the Netherlands), Company C (situated in Germany) and Company D situated in Spain – which all belong to the same group of enterprises – infringe the design and copyrights in the VISION by marketing a television under the name PERSONAL ID in several European countries. Company C is the parent company and distributes the PERSONAL IDs from Germany to other European countries. Company B sells the PERSONAL ID only in the Netherlands, company D only in Spain. Company A starts infringement proceedings against companies B, C and D before the District Court of The Hague on the basis of design and copyright infringement and files claims for an injunction, claims for providing information about number of products sold, costs price, sales price, gross and net profit etc. and an order for damages.On the basis of the warning letter sent by Company A to Company C, Company C has requested OHIM, before the date on which Company A started infringement proceedings in the Netherlands, to declare the EU registered design invalid due to lack of novelty and/or individual character.Question:
Does the District Court of The Hague have international jurisdiction to decide about the claims based on copyright infringement? Please motivate your answer with reference to relevant jurisprudence.
Customer: replied 1 year ago.
The patent on the pharmaceutical compound circumvastatine, which is produced under the brand name Lipizoline® by your competitor Fatpharm is nearing its end. The drug has been on the market for several years for the treatment of high cholesterol levels.Your (UK) company Stella Pharma Ltd. is planning to come on the market with a generic version of Lipizoline®. However, in laboratory experiments with the generic version of the drug, it appeared that the drug also had a therapeutic effect on bipolar depression (especially it decreased the number of suicides).You are now planning clinical trials for the market registration of your generic compound for both medical indications, both in the UK and in the United States. For this you can either produce the drug yourself, or you may buy the drug from an (also) UK company Copypharm Ltd.While running these clinical trials you decide to already enter the UK market by reselling Lipizoline®. You buy these in bulk on the Greek and Brazilian market, and resell these in the UK under your own brand name Cholaway.What is the legal situation on the clinical trials and the sales of Cholaway?
Customer: replied 1 year ago.
Expert:  socrateaser replied 1 year ago.

Yes, I am here. However, your question is far outside the scope of anything that I can do in this forum. I will reopen the question for others to assist.

Best wishes and thanks for using Justanswer!

Customer: replied 1 year ago.
But I already paid.... and for an URGENT response... thats unfair
Expert:  Steven, M.Acc. replied 1 year ago.


You said this assignment is urgent. When is your deadline?

Expert:  atluriram replied 1 year ago.


Please let me know deadline, I am interested to work on it. And also please mention your question to be answered

with regards

Ramesh A

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