By: Melinda UptonJessie Buchan, Valiant Warzecha, and Alexandra Moore 

The Federal Court of Australia (FCA) recently handed down its decision in the case that all Australian burger lovers have
Continue Reading AUSTRALIAN BURGER CHAIN BITES OFF MORE THAN IT CAN CHEW: LEARNINGS FOR FOREIGN BRAND OWNERS FROM IN-N-OUT BURGERS, INC V HASHTAG BURGERS PTY LTD & ORS [2020] FCA 193

By: John Wilks, Claire Sng and Sophie Anim

Background

The UK’s Competition and Markets Authority has announced, following its investigation (see our earlier article available here), that it has secured commitments from 16
Continue Reading UK – NEW CMA GUIDANCE FOR INFLUENCERS AND COMMITMENTS SECURED WITH PARTICULAR INDIVIDUALS

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

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

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.


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

By: Ming Lok Lam* and Susheela Rivers* (Hong Kong)

In Hong Kong, reports have shown that the retail market is beginning to revive in the second half of 2016. This is unsurprising given the undeniable fact that Hong Kong is unique in real estate given that space is scarce and demand rarely decreases.
Continue Reading THE HONG KONG RETAIL REAL ESTATE MARKET: CURRENT STATE AND FUTURE OPPORTUNITIES

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).
Continue Reading MYANMAR: DRAFT TRADE MARK LAW PROGRESS