Legal updates

28 Apr 2017

Beijing Higher Court backs WANCHAI FERRY in the fight against bad-faith applications

China - General Mills Asia, owner of the trademark ‘WANCHAI FERRY in Chinese characters’, recently obtained a victory against a trademark squatter before the Beijing Higher Court. The court affirmed the well-known status of the cited trademark and adopted the dilution theory to reject the bad-faith applications of the opposed trademarks. Read update

28 Apr 2017

Fizzy fight froths up again

Australia - Frucor Beverages, the maker of V energy drink, has improved its position a little by repelling a pre-trial application by nemesis The Coca-Cola Company to block crucial evidence from being read in the appeal to register the colour mark. Read update

27 Apr 2017

New rules on recovery of criminal proceeds affect enforcement of IP rights in Germany

Germany - The German Parliament recently passed new rules on measures for the recovery of criminal proceeds. The rules mean that the enforcement of financial claims against criminal offenders will be widely handled by public prosecution. While the new rules may facilitate access to compensation for private parties affected by crimes, IP rights holders fighting counterfeiters may often find civil enforcement more suitable. Read update

27 Apr 2017

Albania amends Industrial Property Law but important issues remain unaddressed

Albania - Multiple changes to the Albanian Industrial Property Law have entered into force with the aim to harmonise Albanian law with the EU acquis. However, many important issues remain unaddressed and IP professionals fear that certain changes may adversely affect Albanian IP case law. Read update

26 Apr 2017

Trademark renewal notice

Burundi - Trademark owners with registrations in Burundi should be aware that trademarks registered before 2009 must be renewed before 2019 in order to remain valid, despite initially being registered for an indefinite term. Read update

26 Apr 2017

Knives are no longer out over LAGUIOLE cutlery registration

European Union - The European Court of Justice has recognised the admissibility of a EU Intellectual Property Office appeal and confirmed that French company the Forge of Laguiole may oppose the registration of LAGUIOLE as an EU trademark for knives and cutlery; however, opposition is limited to areas in which the company actually pursues business activity. Read update

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Issue 66