Analysis: Legal

ICANN unveils framework for future WHOIS access; cost and compliance uncertainty remains

Last night, ICANN kicked off its effort to minimise the impact of the GDPR on those with a legitimate interest in accessing WHOIS data – but questions remain, not least over likely costs.

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New Andean Tribunal of Justice ruling on prejudicial interpretations - why the trademark community should take note

The Andean Tribunal of Justice has issued a ruling regarding requests for a prejudicial interpretation which will have a significant impact for rights holders in Andean countries.

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New law reforms Lao IP regime; opposition procedure introduced for the first time

The new Law on Intellectual Property, which was published on 25 May 2018, introduces an opposition procedure for the first time in Laos.

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New law on customs measures now in force - what rights holders need to know

The Law on Customs Measures for the Protection of Intellectual Property Rights has now entered into force in Kosovo, introducing important changes intended to align local customs procedures with Regulation 608/2013.

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New Laos IP law is a significant step forward for domestic and international brands

A new IP law will come into force in Laos this weekend, introducing trademark opposition procedures to the country for the first time. The new law has many other changes, including expanding the range of images eligible for trademark protection...

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Benelux trademark law has changed – what you need to know

The Benelux Convention on Intellectual Property has been amended, giving the Benelux Office for Intellectual Property new responsibilities and expanding the authority of the Benelux Court of Justice.

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Protecting Scotch whisky in a changing world

The Scotch Whisky Association’s director of legal affairs pulls back the curtain to reveal how the industry’s heritage is protected.

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When reality and video games collide

The treatment of the borrowing of real-world elements in video games depends on the nature of the underlying rights – creating a complicated environment for rights holders to navigate.

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China litigation trends: a data deep dive

With the enforcement landscape rapidly evolving, analysis of litigation data provides unique strategic insight into brand protection efforts – and reveals the brands filing the most infringement actions.

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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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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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The future’s green: cannabis brands on the rise in Canada

With the legalisation of recreational cannabis impending in Canada, new business models and opportunities are emerging for a surprising variety of brand owners.

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The uncertain future of WHOIS: concern builds among IP practitioners

As entry into force of the GDPR looms ever closer, ICANN has still not come up with a clear model that meets the long-term expectations of the Article 29 Data Protection Working Party, sparking concern among both rights holders and IP professionals.

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Staggering rise of trademark applications from Chinese companies revealed

Startling new research reveals that the number of Chinese trademark applications to foreign registers has doubled over the past two years, with Huawei Technologies leading the charge.

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Groundbreaking study finds AI more accurate than experienced lawyers in contract reviews

​​​​​​​A new study has revealed that legal contract reviews conducted by an artificial intelligence platform can now reach an accuracy rate surpassing experienced lawyers.

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Counterfeiting in Africa: part two of an A-Z guide

In part two of our A-Z guide to the anti-counterfeiting framework across Africa, we look at problems and solutions from Nigeria to Zambia.

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Counterfeiting in Africa: part one of an A-Z guide

The world is awash with counterfeit goods, with Africa proving no exception. In the first of part of our A-Z, we examine the anti-counterfeiting frameworks from Algeria to Morocco.

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China’s trademark office to drastically reduce filing times; experts confident quality will be maintained

China’s State Intellectual Property Office has revealed that filing review times at the trademark office will be reduced to six months by the end of the year and to four months by 2020. We speak with experts in the...

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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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Refusal of BREXIT beer trademark upheld; UK reasoning conflicts with EU decision

In a much-delayed decision, the appointed person has dismissed an appeal against the refusal of a class 32 UK application for BREXIT. Notably, the decision contrasts with a recent EUIPO board of appeals decision, which gave the green light...

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Release of '.fm' emoji domains: dotFM set to land windfall thanks to premium domain names

dotFM has released emoji domain names for registration, with the list of 'premium' emoji domain names being offered for equally premium prices.

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