By Rohan Singh (Special Counsel) & Jessica Noakesmith (Graduate)

A recent report based on customs’ seizures by The Organisation for Economic Co-operation and Development (OECD) found that fake information and communications technology (ICT) goods accounted for 6.5% of the overall ICT trade, well up on the 2.5% of overall traded goods found to be fake in a 2016 report. The report included both final products and intermediary parts such as network components and communications hardware, and concluded that nearly one in five mobile phones and one in four video game consoles shipped internationally is fake. This is not a shock as the steady demand for products in the ICT sector is a lucrative target.

Counterfeits are products that infringe trade mark with the intent of passing them off as authentic. As ICT goods are more complex than say fake handbags, the average consumer cannot tell the difference between a branded smart phone and a counterfeit phone or component. The effect of counterfeiting is widely felt by businesses across in the ICT sector in many regions.


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By Ed Chatterton (Hong Kong)

In a recent landmark decision, the newly established Beijing Intellectual Property Court (Court) awarded the first ever maximum statutory damage under China’s new trademark law in favor of French-Italian luxury outwear maker Moncler, in its dispute against a domestic apparel company for trademark infringement and unfair competition.
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By Patrick Van Eecke and Julie De Bruyn (Brussels)

The concept of 3D printing no longer needs an introduction. The sky is the limit when it comes to the possibilities 3D printing (often referred to as additive manufacturing) has to offer, both to consumers and businesses. The added value for and influence in the fashion and retail sector is undeniable, and many organizations consider welcoming 3D printing into their business model – whether acting as a 3D print shop, software provider, 3D printer or ink manufacturer, template developer, intermediary offering 3D printed products, product user or rights holder. As with any technological development however, there are legal considerations.


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Repost from LAW À LA MODE, Issue 13 – April 2014

By Katie Withers (Dubai)

A new law aimed at combating counterfeit goods has just passed through the UAE’s Federal National Council and is expected to become law shortly. This measure is part of the UAE’s drive to adopt international standards when it comes to IP crime, which is a particular concern in the run-up to EXPO 2020.


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Reposted from Law à la Mode, Edition 6 – Summer 2012

By Alexander S. Birkhold (New York)

The recent formation of the Model Alliance, an organization seeking to enforce and expand existing legal protections for models in the United States, has prompted increased US scrutiny of employment and image rights issues in the fashion industry.


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Reposted from DLA Piper’s Law à la Mode Edition 4 – Winter 2011

By:  Michael K. Barron, Sarah Phillips and Nadea Taylor (Boston and London)
“AdWords,” the paid, subscription-based Google referencing service which allows users to advertise their companies alongside Google search results, has recently been the subject of much legal scrutiny.  In late September, the European Court of Justice (ECJ) gave a preliminary ruling on questions referred to it by the English High Court in the case between Interflora and Marks & Spencer (“M&S”), regarding the purchase by M&S of the Google AdWord “Interflora” and other similar AdWords. 
In answering the questions referred to it, the ECJ repeated much of the recent jurisprudence in this area, in particular from the Google France case.  Previous cases established that purchasing a third parties’ trademark as an AdWord would only amount to trademark infringement if such use would have an adverse effect on one of the functions of the trademark.  
The ECJ gave the following guidance on how national courts should assess whether the use by a third party of a sign identical with a trademark in relation to identical goods or services has an adverse affect on one of the functions of the trademark:

By: Gina Durham and Erin Wright Lothson (Chicago)

Those involved in the fashion and retail industries are well aware of the challenges associated with combating the global proliferation of commercial-scale counterfeiting and piracy.  With legal rights and remedies often varying on a country-by-country basis, enforcement of intellectual property rights on an international scale can often be fraught with unexpected hurdles and inconsistent outcomes.  The Anti-Counterfeiting Trade Agreement (“ACTA”) aims to change that.

On October 1, 2011, eight countries signed ACTA, namely Australia, Canada, Japan, Morocco, New Zealand, Singapore, South Korea and the U.S.  A signing ceremony was held in Tokyo by the Government of Japan.  Representatives of the E.U., Mexico, and Switzerland attended the ceremony and confirmed their continuing support for ACTA.  Those three sovereignties are in the process of finalizing domestic procedures in preparation to sign, and their signatures are expected by May 1, 2013.  Collectively, these eleven countries represent more than half of the world’s trade.


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