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THE EU COMMISSION SETS OUT ITS POSITION ON BREXIT NEGOTIATIONS OVER INTELLECTUAL PROPERTY RIGHTS

By: Ruth Hoy and James Tighe On 6 September 2017, the EU Commission published its position paper setting out the main principles that will govern its attitude to Brexit negotiations with the UK on intellectual property (the “Paper”).  The Paper sets out 5 General Principles: Principle 1:  European IP rights should continue to retain comparable … Continue Reading

EU TRADEMARK REFORMS: FURTHER CHANGES APPLYING FROM 1 OCTOBER 2017

By: Karine Disdier-Mikus, Dr. Ulrike Gruebler, and Désirée Fields EU trademark law is currently undergoing the biggest reform in its history. 1 October 2017 marks another important milestone in the implementation of the EU Trademark Reform Package as a further set of very important amendments will come into force. The main areas of change include the … Continue Reading

Global Injunctions Available Against Search Engines, Rules Supreme Court of Canada (Updated August 2, 2017)

By: Sangeetha Punniyamoorthy and Thomas Kurys  (Toronto) The Supreme Court of Canada recently released a landmark decision in which a broad worldwide injunction was upheld restraining Google from including certain websites in its search results anywhere in the world. Intellectual property rights-holders seeking to enforce intellectual property rights in an online world where infringers are … Continue Reading

Is it the Real McCoy? Anti-counterfeiting, IP Rights and your Business

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 … Continue Reading

NO THANKSGIVING TURKEY FOR CAMPARI

By: Melinda Upton, Rohan Singh, and Anjali Narendra It is common practice for businesses to engage in trade mark licence agreements as a means to facilitate building brand awareness. However, the High Court of Australia’s refusal to grant special leave to appeal the Full Court of the Federal Court’s decision in Lodestar Anstalt v Campari America … Continue Reading

CHINA: SIGNIFICANT CHANGES TO DATA AND CYBERSECURITY PRACTICES UNDER PRC CYBERSECURITY LAW

By: Carolyn Bigg After a third deliberation, the Chinese government passed the new PRC Cybersecurity Law on 7 November 2016. The new law will come into force on 1 June 2017 and has significant implications for the data privacy and cybersecurity practices of both Chinese companies and international organisations doing business in China.… Continue Reading

RUBIK’S CUBE: ECJ DENIES PROTECTION FOR 3D TRADEMARK OF FAMOUS PUZZLE

By: Dr. Ulrike Grübler (Hamburg, Germany) The European Court of Justice (ECJ) has denied trademark protection for an existing EU registration of the famous puzzle known as Rubik’s Cube. Following a decision issued by the European Court of Justice (ECJ) on 10 November 2016, the judges annulled prior decisions of EUIPO and the General Court that … Continue Reading

THE LAW IN BLACK AND WHITE – IN THE UK THE DISTRIBUTION AND SALE OF “GREY” GOODS CAN BE A CRIMINAL OFFENCE

By: Richard Taylor and Alasdair Muller (United Kingdom) The English Court of Appeal has confirmed that, in the UK, the sale or distribution of trade mark goods outside an authority granted by the trade mark holder can constitute a criminal offence (R v C and others, applying Trade Marks Act 1994 (the “Act”) s92(1)*).  Possession with … Continue Reading

CHANGES ON THE ANALYSIS AND RECOGNITION OF SO-CALLED “HIGHLY RENOWNED” TRADEMARKS IN BRAZIL BY THE INPI || ALTERAÇÕES COM RELAÇÃO À ANÁLISE E RECONHECIMENTO DAS MARCAS DE ALTO RENOME NO BRASIL PELO INPI

By: Paula Mena Barreto, Diego Mattos Osegueda, and Manoela Quintas Esteves On October 18th, the National Industrial Property Institute (INPI) published Resolution INPI/PR 172/2016, to improve the analysis and recognition of so-called “highly renowned” trademarks in Brazil. The alterations brought by the new resolution were formulated based on the suggestions of associations involved in the industrial property … Continue Reading

WHEN IT COMES TO INTELLECTUAL PROPERTY, MILLINERS SHOULD TAKE OFF THEIR FASCINATORS AND PUT ON THEIR THINKING CAPS!

By Josephine Gardiner (Sydney) Australia’s best-known horse racing event, the Melbourne Cup is on today. The race is known to stop the nation… but that’s not all they’re stopping for! Floral frocks, feathers and fascinators – the event is a real life fashion show with its own catwalk known as ‘Fashions on the Field’. The … Continue Reading

BACK TO THE FUTURE? FOREIGN INVESTMENT PROTECTION IN CUBA

By Emil R. Infante and Harout Jack Samra Few countries match the expropriatory model of revolutionary Cuba. Described by one scholar as the “largest uncompensated taking of American property by a foreign government in history,” the expropriations touched virtually every industry on the island.[1] The nearly 6,000 claims filed in the United States were valued by … Continue Reading

THE RIGHT OF A TRADEMARK OWNER TO ACT AGAINST PREPARATORY ACTS OF INFRINGEMENT

By Justyna Wilczynska-Baraniak and Aleksandra Baczykowska (Warsaw) In the fashion industry, tags and labels are a key element of the end product.  Therefore, the change of Regulation 2015/2424 and Directive 2008/95/EC of 16 December 2015 is an important step in combating trademark infringement.  By deploying these preventive measures, a trademark infringement may be interrupted at … Continue Reading

Updates to Korean Trademark Act Take Effect Today

By Ann K. Ford, Eunice R. Chung, and Ashley E. Green The Korean Intellectual Property Office (“KIPO”) has issued its first comprehensive amendment to the Korean Trademark Act in over two decades.  The changes will take effect today, and are part of Korea’s efforts to reform its intellectual property system.  From targeted changes with local … Continue Reading

EU: New Obligations for Digital Services Providers and Operators of Essential Services

By Carol Umhoefer, Patrick Van Eecke and Mathilde Hallé First proposed by the European Commission in 2013, the long-awaited draft Directive on Network Information Security (the NIS Directive) was agreed upon by the European Parliament and the Council in December 2015.1 In line with the EU’s broader Cyber Security Strategy, 2 the NIS Directive is a … Continue Reading

Are Your TMs Ready for the Change?

By Dr. Ulrike Gruebler   European trademark law is currently undergoing the most fundamental changes since the introduction of the European Community trademark system 20 years ago. In late 2015, the European Parliament approved a reform package consisting of an amended European Union Trademark Regulation (Regulation (EU) 2015/2424) and a new Trademarks Directive (Directive (EU) … Continue Reading

Intellectual Property Webinar Series: Hot Topics in Advertising and Marketing Law

The next webinar in the international Intellectual Property webinar series relates to Hot Topics in Advertising and Marketing Law, and will take place on Wednesday 20 July 2016. Please click here to RSVP As brands conduct global advertising campaigns and promotions, they are facing ever-increasing challenges in complying with the evolving, varied legal landscape. A sound and … Continue Reading

EU LAUNCHES ONLINE DISPUTE RESOLUTION PLATFORM FOR CONTRACT DISPUTES WITH CONSUMERS

By Michiko Jo In mid-February, the European Commission launched an online platform which can be used for out-of-court settlement of disputes over obligations under business-to- consumer online sales or service contracts. The platform is available for free to a trader established in the EU and a consumer resident in the EU. Consumers can submit an … Continue Reading
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