Africa & Middle East - World Trademark Review

Africa & Middle East

Parallel imports remain a grey area for IP rights in East Africa

Kenya, Tanzania and Uganda each have different legal approaches to the treatment of parallel imports, making generalisations dangerous for trademark owners and importers alike.

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Mark owners beware: trademarks slipping through the cracks of loose corporate structures and corporate governance

Two recent decisions of the South African Supreme Court of Appeal highlight the dangers to trademark owners, from a proof of use perspective, in not setting up their corporate structures properly.

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Namibia introduces new Industrial Property Act – what you need to know

Namibia’s new Industrial Property Act will come into operation on 1 August 2018. This update highlights the most noteworthy changes concerning trademarks.

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First registered Mozambican GI: the rise of GIs in Sub-Saharan Africa

The Mozambican goat market has recently obtained a registration for the 'Tete goat' as GI. This is the first registered Mozambican GI and a milestone in the history of the nation.

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Important amendments to IP law proposed: dual trademark registration to be introduced?

Proposed amendments to the Anti-Counterfeiting Act suggest that all marks relating to goods to be imported into Kenya must be recorded with the Anti-counterfeit Authority and trademark registration will be a prerequisite.

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“Don’t panic” – new entrants to Madrid Protocol give mixed feedback on their experience since accession

​​​​​​​Law firm practitioners in jurisdictions that have adopted the Madrid Protocol in recent years have shared their experience in an exclusive survey. While some praised the system, other were scathing about its impact...

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Implementation of new standard condition on trademarks: what rights holders should know

The Kuwaiti Trademark Office has started to apply a new condition to all marks consisting of two or more elements. Although the practical impact of this condition is likely to be low, it nevertheless creates some concerns.

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New EUIPO report charts increasing sophistication and diversification of counterfeiters

The EUIPO has released a new report, compiling research since 2013, to present a comprehensive and updated picture of the scope and impact of IP rights infringement in the European Union.

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New trademark legislation for Malawi: what you need to know

The Trademarks Act No 2 of 2018, which aims to replace Malawi’s antiquated trademark legislation, was published earlier this year. This update summarises the main points of interest of the new act.

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Procedures and strategies for anti-counterfeiting: Egypt

In addition to the IP Law, a number of other laws and regulations govern the protection and enforcement of trademark rights in Egypt.

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Procedures and strategies for anti-counterfeiting: Saudi Arabia

Saudi Customs has an internal IP rights unit which provides a database to facilitate enforcement against counterfeit goods. It is possible to formally request customs surveillance to safeguard against counterfeiting and trademark infringement.

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Procedures and strategies for anti-counterfeiting: Israel

According to the Customs Ordinance, Customs is entitled to detain imported goods that are suspected of infringing trademarks. It is possible, although not mandatory, for rights holders to file a complaint while recording their registered trademarks with Customs

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Procedures and strategies for anti-counterfeiting: Nigeria

Nigeria has no specific anti-counterfeiting law – at least, not a broad one that covers all types of goods and all species of anti-counterfeiting. Hence, the fight against counterfeits involves the creative application of the various laws that affect rights holders...

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Flurry of royal wedding marks, Israel added to TMview, and India unveils IP mascot: news round-up

In our latest round-up, we look at a number of trademarks that appear to be related to Prince Harry and Meghan Markle, the USPTO unveiling a new resource center, the sale of the Toys-R-Us brand, and much more.

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US government ranks Canada’s border enforcement on same level as China; Special 301 adds Saudi Arabia and UAE

The USTR has published the 2018 Special 301 Report, and Canada has been added to the Priority Watch List due to “a failure to resolve key longstanding deficiencies in protection and enforcement of IP”.

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Trump, Brexit and Korean reunification: the political issues weighing on the minds of trademark practitioners

​​​​​​​Research from World Trademark Review reveals the political issues that counsel say could significantly impact enforcement efforts, both now and in the future.

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Trademark offices prepare for the future as users give poor performance grades

The performance levels of the Chinese, Brazilian and Indian trademark offices have clear room for improvement but change could be afoot.

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South Africa a step closer to plain packaging tobacco products

In a move that brings South Africa a step closer to plain packaging for tobacco products, the Department of Health has invited public comment on the Draft Control of Tobacco Products and Electronic Delivery Systems Bill 2018.

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Trademark rights “at risk” in Yemen following opening of second independent IP office

​​​​​​​Following ongoing unrest in Yemen, international brand owners have been warned of “a very serious and significant change” to trademark rights in the country following the formation of a second IP office.

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Good news for IP owners: recent legislative changes improve IP protection

Qatar is currently seeking to reinforce its IP protection regime by providing a stronger legal basis for the protection of customer rights, in addition to improving administrative filing systems.

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Customs concerns: counsel identify significant room for improvement in India, Iran and Turkey

Trademark counsel have had their say on the efficiency of customs authorities across the globe – with some of the largest importers of counterfeit goods giving cause for continued concern.

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No BIG DEAL? Supreme Court confirms likelihood of confusion between marks as used

Israel’s Supreme Court has confirmed that there was a likelihood of confusion between the word mark BIG DEAL and the stylised mark BIG DEAL. When comparing the marks as used side-by-side, the likelihood of confusion was apparent.

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Supreme Court of Appeal: "one cannot monopolise the commons of the English language"

The Supreme Court of Appeal found no likelihood of confusion between PEPPAMATES and PEPPADEW, highlighting the consequences of adopting a descriptive mark through the use of a phonetic equivalent.

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New Trademark Bill catches Nigerian stakeholders off guard

In a move that came as a surprise to most stakeholders, Nigeria’s National Assembly Senate Committee on Trade and Investment has held a public hearing for Bill SB 357, which would repeal the current Trademark Act.

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New e-filing system: towards the modernisation of the trademark prosecution process

Kuwait has introduced a new e-filing system for trademark applications. This update examines how the country is modernising its trademark prosecution process in line with international best practices.

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Despite the potential of the Middle East, excessive fees are leading to a shrinking trademark market: exclusive data analysis

In this week’s data report, we examine the state of the trademark market in the Middle East, taking an in-depth look at filing trends in Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the UAE in...

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Counterfeits in Casablanca, Kuwait upgrades online filings, and legal blow for Lindsay Lohan: news round-up

In our latest round-up, we look at a warning about counterfeit make-up in China, Casablanca being labelled the “Eldorado of counterfeiting”, and much more.

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“This puts a stake in the ground”: why brands must pay attention to the Maasai IP initiative

An initative which represents the Maasai tribe of Kenya and Tanzania in efforts to gain control over commercial uses of its cultural ‘brand’ has recently secured a deal with Koy Clothing. We speak with the negotiator behind the...

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US Senate confirms Iancu, Zimbabwe targets fakes and brands oppose Conor McGregor: news round-up

In our latest news round-up we look at how the Zimbabwe government is pledging to tackle counterfeit goods, the brands being accused of using “underhand tricks” to fool consumers, and much more.

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No Brexit talk between IP offices, Scooby Doo infringement and Syria establishes trademark court: news round-up

In the latest round-up, we look the latest IP case data from Saudi Arabia, the establishment of a trademark court in Syria, and warnings over counterfeit security certificates.

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Scotch Whisky toasts trademark renewal, fake toy epidemic, and IACC looks back on 2017: news round-up

In our latest news round-up we look at Costco Korea losing a design infringement suit, ICANN extending its GDPR consideration window, the retirement of the Swaziland trademark registrar, and much more.

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USPTO urged to address mobile issues, Malawi to establish national office, and bootleg fashion all the rage: news round-up

In today’s edition, we look at the USPTO being urged to improve its mobile capability and the new Trademarks Bill introduced in Malawi.

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Trump's USPTO nominee confirmed, victory for Louboutin, and significant changes at Nigerian IP registry: news round-up

In our latest round-up, we report why Louboutin's red sole mark was declared ‘well known’ in India, upcoming changes at Nigeria’s trademark registry, and much more.

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Issue 74
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