IPBC Global 2018 weekly banner
WTR weekly digest
11 May 2017
Editor's round-up
In what could be the end of a multi-year wait, leaked documents suggest that the World Trade Organisation has ruled in favour of Australia in a complaint brought by a number of countries, including several major tobacco exporters, against its plain packaging policy. While the official public confirmation of the decision is not expected until July, the early leaks suggest a significant – perhaps knockout – blow to tobacco brand owners that feel plain packaging legislation curtails their IP rights. We examined the reaction to the reported decision and looked at what the next steps could be. Elsewhere, the US Patent and Trademark Office Trademark Commissioner Mary Boney Denison talked exclusively to World Trademark Review about how the office is “increasingly concerned” about trademark solicitation scams. Speaking about the “first of a kind” roundtable event to strategise better ways to deal with the issue, Denison revealed that one plan is to take a more international approach in a bid to combat fraudulent trademark invoices. We also reported on JD.com as the first Chinese e-commerce company to become a certified member of the the American Apparel & Footwear Association, in a move that has parallels with Alibaba’s brief membership of the International Anti-counterfeiting Coalition – which, nearly a year ago to the day, resulted in considerable kickback from members.

Trevor Little


Legal updates
European Union DPS World Foundation barred from piggybacking on Delhi Public School’s reputation
European Union Court of Appeal upholds enforcement of pharmaceutical trademark against parallel importers
European Union EAEU moves forward with Customs Code
European Union Confusion over QLINK’s rightful owner
European Union Fourth Circuit holds that policy requiring payment of USPTO attorneys’ fees stands
European Union General Court finds NEORAL and NIMORAL confusingly similar
European Union Interlocutory injunction available even for marks that lack inherent distinctiveness
European Union Entry into force of new Regulation on the Implementation of the Industrial Property Code
Thought Leadership
  Beata Wojtkowska
Beata Wojtkowska
Global insight
Poland | Kulikowska & Kulikowski
Authors: Beata Wojtkowska, Monika Chimiak
The IP Law provides the causes of action for infringement of national trademarks and international trademarks designating Poland under the Madrid Protocol; the EU Trademark Regulation provides the causes of action for infringement of EU trademarks. Where the unauthorised use also meets the criteria for unfair competition, the Act on Combating Unfair Competition applies as well. Read more
  Xuri Bao
Xuri Bao
In focus
China | Kangxin Partners
Author: Xuri Bao
In China, trade dress can be protected under patent, copyright, trademark and unfair competition laws. Each of these has pros and cons which should be considered when seeking protection. Read more
WTR 1000 - jurisdictional analysis & rankings
Dominican Republic
There have been few significant IP trends or developments to report from the Dominican Republic, although everyone is watching to see how tobacco plain packaging issues develop, as well as keeping an eye out for any updates concerning the Madrid Protocol. However, the past 24 months have seen several notable changes in the legal services market. Read more
Featured firm
  Gorodissky & Partners
Gorodissky & Partners
Gorodissky & Partners is the largest IP practice in Russia, providing a full range of IP services. Over 130 highly professional patent/trademark attorneys assist clients in obtaining patents for their innovations in practically all fields of science and technology, as well as in designs, trademarks and service marks. Our lawyers provide efficient and cost-effective legal services relating to all IP matters, including enforcement, litigation, mediation, due diligence and licensing. Gorodissky & Partners has offices in Moscow, St Petersburg, N Novgorod, Krasnodar, Samara, Ekaterinburg, Kazan, Perm and Kiev. Read more