Legal updates

04 Aug 2017

Supreme Court upholds controversial TRISOLEN decision

Russia - On May 15 2017 the Russian Supreme Court upheld a recent IP court decision that only goods that infringe a trademark in their country of origin can be prohibited from circulating in Russia. This seems to contradict Russian legislation and established practice regarding what is and is not a trademark infringement. Read update

04 Aug 2017

New electronic publication system reduces costs and time

Peru - On June 29 2017 a supreme decree was published, approving the regulations for implementing the electronic publication system through the Peruvian Patent and Trademark Office (PTO) webpage. From July 3 2017 electronic publications will be made through the electronic gazette. This new system will simplify trademark application proceedings at the PTO. Read update

03 Aug 2017

Use of BMW trademarks by repair specialist is misleading

United Kingdom - In BMW v Technosport London Limited the Court of Appeal has found that use of the BMW trademark by a company specialising in the repair and maintenance of BMWs went beyond ‘informative use’ of the trademark and was likely to cause the average consumer to assume a commercial connection with BMW. Read update

03 Aug 2017

Court win for FC Barcelona

Spain - The High Court of Justice of Catalonia has overturned two previous decisions by the Spanish Patent and Trademark Office in favour of FC Barcelona. This judgment may set a precedent for other cases concerning Spanish industrial designs intended to protect products containing emblematic elements or images that may clash with earlier marks or signs (eg, souvenirs, stationery and ornamentation). Read update

02 Aug 2017

Establishment of an IP stock exchange in India

India - As part of the new national IP rights policy, India is set to get its own IP rights exchange (IPRX), like the United Kingdom and Hong Kong. The new IPRX will be operated under the aegis of the Ministry of Science and Technology through the National Research Development Corporation. Read update

02 Aug 2017

Kaane American appeal fails to reach the top

European Union - A revocation action was recently brought against an EU trademark registration owned by Kaane American International Tobacco Company. The EU Intellectual Property Office (EUIPO) Cancellation Division found at first instance that there had been no genuine use of the mark and this decision was upheld by both the EUIPO Board of Appeal and the EU General Court. Read update

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Issue 68