World Trademark Review Issue 07

May/June 2007

Digging deep for true brand value

There is nothing new in listings that purport to show the world’s most valuable brands. But in the eyes of many, what they have lacked up to now is real technical credibility. However, a recently released evaluation study is much more detailed and comprehensive than what has come before
David Haigh and Michael Rocha

Features

Taking a match to Fortress Europe?

Earlier this year the Court of Appeal of England and Wales upheld – seemingly for the first time – an ‘inferred consent’ defence in a parallel import case. Is this a cause for concern for brand owners?
Eddie Powell

An infamous business proposition

Policing one’s trademark rights from misuse by third parties is a legitimate exercise to prevent the mark from becoming generic. But some unscrupulous parties abuse the law
Brian E Banner and Anne M Sterba

The Madrid Protocol – mysteries and myths

2006 was a bumper year for trademark registrations, particularly registrations made using the Madrid Protocol. However, the impressive figures conceal a lingering mistrust of the protocol in some non-signatory countries, suggesting that there are still several myths and misapprehensions surrounding the protocol that need to be dispelled
Tove Graulund

Branding the invisible

Today Intel is one of the best-known companies on the planet. While cutting-edge technology has played a large part in its success, fame has also been driven by an innovative and ambitious branding strategy
Liz Rutherford-Johnson

Gearing up to becoming an IP nation

The Japanese government’s ambition to achieve economic growth through the development of intellectual property puts a lot of pressure on the country’s IP office
Véronique Musson

Rising sun still shining on Japan’s trademark practitioners

Increasing inbound registrations via the Madrid Protocol have seen the level of foreign-originating trademark work entering Japan diminish over the past few years. However, the local Japanese market remains strong
John Batho

The United Arab Emirates: a centre for Middle East trademark protection

A key trade hub, a booming economy and a commitment to protecting IP rights mean that the UAE is an important jurisdiction in which to register and enforce trademark rights. The creation of a new IP Unit at Dubai Customs is a further sign that the UAE is getting tough on infringers
Kalish Hazem Kakish

News

Letter to the editor

I am writing in response to articles that have appeared recently – including in your sister publication World Trademark Report on March 21 – criticizing Part IV of the Russian Civil Code, which will come into force on January 1 2008. So is the law an outright failure or do the critics miss the point?
Vladimir I Biriulin

Columns

Brands from the frontline
The rollercoaster of pharmaceutical mark development

Trademark clearance is a thankless business: after spending hours preparing or reviewing search reports and opinions, the only satisfaction the trademark counsel often has that the mark was the right choice is if no objection is raised or lawsuit filed against the mark and he or she never hears about the mark again. This is true of all trademarks, but even more so of pharmaceutical marks, for which clearance involves extra steps and hurdles
Bret Parker

Trademark management
What to expect from the well-known marks doctrine

The well-known marks doctrine provides some protection to owners of well-known unregistered or foreign marks. However, mark owners should be aware that not all countries apply the doctrine to the same degree
Marie A Lavalleye and Jian Zhou

The view online
‘.asia’ prepares for summer launch

The latest regional domain, ‘.asia’, is gearing up to launch. Mark owners should be aware of the registration rules and schedule to make the most of this new space – and avoid leaving the door open to cybersquatters
David Taylor and Jane Seager

Counterfeiting perspectives
Showdown at the WTO

The Bush administration has initiated proceedings against the Chinese at the World Trade Organization in Geneva over inadequate enforcement of IP rights. In doing so it has raised the stakes considerably
Joff Wild

Co-published editorialRoundtable

Staying ahead in the Rainbow Nation

South Africa is a key jurisdiction for most multinational companies with interests in Africa. Three specialist practitioners explore some of the issues currently facing trademark owners in the country

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