World Trademark Review Issue 57

October/November 2015

China: the search for results

Online marketing is a booming business in China. World Trademark Review looks at how best to protect and promote your brand in the cut-and-thrust world of pay-per-click advertising
Jacob Schindler

Features

Inside track: eBay

Since eBay was launched in 1995, it has become a key battleground in the fight against fakes. On its 20th anniversary, director of global intellectual property Amber Leavitt explains the unique challenges of protecting one of the Web’s most iconic marques while positioned at the vanguard of the global anti-counterfeiting effort
Tim Lince

OHIM and European trademarks: preparing for a new tomorrow Premium content

While European trademark practice is on the cusp of significant change, the Office for Harmonisation in the Internal Market’s (OHIM) gaze is firmly focused on the present. In this year’s annual OHIM survey we asked users to assess the office’s current performance and the likely impact that the legislative package will have once enacted
Trevor Little

Observations from the observatory

The European Observatory on Infringements of Intellectual Property Rights expands on its recent activities, including insights from its research project, the Quantification of IP Rights Infringement
OHIM

What a Brexit would mean for UK and EU trademark law

Now that a referendum on EU membership is certain, trademark owners are asking what might happen to their rights in the event of a British exit, or ‘Brexit’ – and whether there are any practical steps they can take now
Lee Curtis and Lauren Somers

Will the end of the embargo lead to clarity for US and Cuban brands?

If the US-Cuba trade embargo is lifted, one of the important legal issues to resolve will concern trademarks – notably, how existing brands in each country will be protected and enforced in the other
David K Friedland

Cuba – possible trademark troll?

As political relations between Cuba and the United States look set to thaw, many businesses are considering the commercial opportunities that might result from this new situation. Unfortunately, this has prompted a rush of Cuban applications for well-known US trademarks
Jaime R Angeles

New rules for importers and what they mean for rights holders

Trademark enforcement at the borders looks set to become a hot topic for all importers of goods to the Mexican market, as well as for rights holders seeking to enforce their trademarks
Victor Ramirez and Sergio Rangel

Accounting for trademarks – indefiniteness is no more than an interim solution

While valuators tend to describe trademarks as having an indefinite life, this is seldom the case. However, there are various ways to estimate a mark’s remaining useful life, which can be beneficial for accounting
Christof Binder, Anke Nestler and Robert B Morrison

Decoding products – where IP rights clash with competition rules

Cases involving decoding – where retailers alter or remove the identifying marks placed on goods by rights holders – sit at the intersection of IP and competition law and need careful analysis, depending on both the sector and jurisdiction involved
Baris Kalayci and Ceren Aral

Up-in-smoke tour – the olive revolution reaches Ireland

With plain packaging legislation in place in Australia and now Ireland – and on the agenda in several other countries – the tobacco companies are fighting back, claiming that such regulation threatens the basis of all IP rights
Jane Bourke and Helen Johnson

The world is a better place with intellectual property

Everyone who cares about individuality, innovation and choice should bear in mind why the world is indeed better when society respects intellectual property.
Marc Firestone

Trademark Intelligence

Trends in trademark management technology

A number of sophisticated innovations for trademark management systems are entering the market. While these have the potential to help trademark groups streamline processes and drive down costs, managers face the challenge of staying abreast of these developments and choosing the right one
Helios Intellectual Property

Columns

The Geneva Act – worth the controversy?

The Geneva Act has now been adopted. However, there are fears that the act could fuel conflict between geographical indications, trademarks and generic use, given the broad definitions and rules on the scope of protection

Co-published editorialCountry Correspondents

Trademark licensing and ownership issues

Canada: The latest take on Canadian trademark ownership issues
Canada

Bereskin & Parr LLP

Amendments to Canada’s Trademarks Act are set to directly affect licensing strategies

China: Maximising owner potential
China

Kangxin Partners PC

Trademark licensing in China continues to increase in scope and frequency, but certain considerations must be examined to ensure brand integrity

India: Opportunities abound in pro-liberalisation regime
India

RNA Intellectual Property Attorneys

For a multinational corporation, there may be a number of reasons to license its trademarks in an emerging economy such as India

Italy: The benefits of an adjustable regime
Italy

Bugnion SpA

According to Italian law, licensing agreements may be revised to meet any of the parties’ special requirements and consequently trademarks can be fully exploited

Romania: How to avoid the antitrust traps
Romania

Vilau I Associates

Romanian competition law prohibits anti-competitive agreements and practices and the abuse of dominant market positions

Mexico: Gaining a subtle advantage
Mexico

Uhthoff, Gomez Vega & Uhthoff

Rights holders need to take care over licensing agreements in order to achieve increased sales revenues

United Kingdom: Exploit your rights
United Kingdom

Locke Lord

A robust licensing regime can significantly boost a company’s turnover

United States: Can someone use your marks in ads without permission?
United States

Davis Wright Tremaine

Use of third-party marks without consent in advertising or expressive works that might be viewed as advertising always carries some element of risk

Co-published editorialRoundtable

New gTLDs: preparing for the next round of the online expansion

A panel of trademark and brand protection experts presents key learnings from the first round of new gTLD applications

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