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: Melinda Upton, Rohan Singh, and Anjali Narendra

Myanmar’s Draft Trade Mark Law is expected to be passed in 2017. This signals substantial changes to the current process which is based on common law and common practice rather than statute. The Draft Law intends to import structure and certainty into Myanmar’s trade mark regime to generate greater protection and preservation of intellectual property and to meet international obligations derived from the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs Agreement).
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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 LLC [2016] FCAFC 92 (Lodestar Anstalt v Campari America LLC), is a reminder that trade mark licensors must retain a degree of ‘actual control’ over a licensee’s use of their trade mark in order to avoid removal for non-use.
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