Legal updates

Lesotho
Lesotho requires declarations of intention to use
Lesotho has notified the World Intellectual Property Organisation that it now requires a declaration of intention to use when it is designated in an international application or subsequently designated in an international registration in terms of the Madrid Protocol. This is despite the fact that such declarations are not required when national applications are filed.
European Union
BOSWELAN revoked for lack of genuine use and non-use
In Viridis Pharmaceutical Ltd v EU Intellectual Property Office (EUIPO) the EU General Court upheld a decision by the EUIPO Board of Appeal which revoked the BOSWELAN word mark on the grounds that it had not been put to genuine use for a continuous period of five years.
Germany
German Federal Court rules on Google’s Image Search
The Federal Court of Justice has handed down a judgment of utmost importance for the exploitation of copyright on the Internet. The decision, which will become known and referred to under the name Thumbnail III, examined whether the display of preview images in search results constituted an act of making available a copyright work in the sense of the copyright law.

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19 Oct 2017
Nominations are open for the WTR Industry Awards 2018
News: World Trademark Review is currently inviting nominations for its extensive annual research project, designed to identify and recognise the leading in-house trademark teams and individuals. Act now to ensure that the industry’s leading lights are recognised at the WTR Industry Awards 2018.
19 Oct 2017
Samsung revealed as brand UK consumers are most loyal to; expert warns of Brexit impact on customer loyalty
Analysis: A first-of-its-kind research project has revealed the brands that UK consumers are most committed and loyal to, with technology giants Samsung and Apple topping the inaugural ranking. The research contains some surprises, however, with Coca-Cola failing to make the top 50, while also revealing that UK consumers most value heritage, quality and consistency in brands.
18 Oct 2017
eBay launches new authentication programme as it seeks to remain ‘gold standard’ platform for rights protection
Analysis: Leading online marketplace eBay has launched an innovative new programme to verify high-priced fashion and luxury goods. While it will not lead to a significant reduction in the overall volume of online counterfeiting, experts tell World Trademark Review that the service could have a significant impact on the most damaging form of illicit internet sales – those where consumers who intend to buy an authentic product unwittingly end up with a fake.

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Lessons from the ADR front line

While many articles on alternative dispute resolution discuss the available types and how to select a mediator, more critical insight can be obtained by considering key lessons from real-world dispute resolutions
Leslie J Lott reports

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