Switzerland - The Federal Administrative Court has overturned a decision of the Federal Institute of Intellectual Property in which the latter had refused to register Philip Morris AG's mark BLACK LABEL for various goods in Class 34. Among other things, the court found that the combination of the element 'label' and the colour black was not descriptive of tobacco goods, especially as 'black' is not a commonly used description in relation to these goods.
New Zealand - In Yousef v Pepscanz Ltd, the assistant commissioner has rejected oppositions by Pepscanz Ltd, the owner of the PUREX marks, against the registration of two PURE logos for tissue paper, toilet paper, paper towel and serviettes. The fact that Pepscanz’s PUREX mark is well known in New Zealand was held against it, as the assistant commissioner found that the mark would immediately be perceived in its own right.
United Kingdom - The new Intellectual Property Bill had its second reading on May 22. Among other things, the bill proposes new criminal penalties for intentional infringement of registered designs and a new opinions service for registered designs, as well as the strengthening of, and "improvements" to, design rights.
Russia - The head of Russia’s antitrust watchdog this week called for the possible legalisation of parallel imports. While it is too early to say whether the proposals have much chance of becoming law, trademark owners should be aware of the ongoing debate surrounding grey goods in the country.
Jack Ellis | May 24 2013
Vietnam - Coca-Cola is not the first brand to face significant negative publicity in Vietnam, but recent anti-consumer campaigns directed at the fizzy-drink manufacturer have been more vehement than others. In response to such incidents, trademark counsel propose community service outreach and close relationships with the mass media, and stress that the importance of social media should not be underestimated.
Seher Hussain | May 24 2013
Singapore - Recently Spotify announced its entry into the Asian market, launching in Singapore, Hong Kong and Malaysia.Although focused on copyrighted content, Spotify’s efforts to change Singaporean attitudes to intellectual property will also in the long run benefit trademark owners by raising the overall level of IP awareness and respect.
Seher Hussain | May 23 2013
Berton Moreno & Asociados
3rd Annual AIPEC Exchange 2013
Business Action to Stop Counterfeiting and Piracy (BASCAP)
The International Chamber of Commerce's Business Action to Stop Counterfeiting and Piracy (BASCAP) initiative unites the global business community to identify and address IP rights issues more efficiently and to petition for greater commitment by local, national and international officials. By delivering compelling messages from industry executives, BASCAP underscores the severity of the problem and compels governments, the public and the media to take action and ensure that intellectual property is respected and protected: www.iccwbo.org/bascap.All partners »