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Legal updates

27 Jul 2015

ECJ interprets Article 5 of Directive 89/104

European Union - In TOP Logistics v Bacardi, the ECJ has held that Article 5 of the Trademarks Directive (89/104/EEC) must be interpreted as meaning that the proprietor of a trademark registered in one or more member states may oppose a third party placing goods bearing that trademark under the duty suspension arrangement after they have been introduced into the EEA and released for free circulation without the consent of the proprietor. Read update

27 Jul 2015

IP owners advised to take precautions as new class action legislation is approved

Thailand - New legislation on class action lawsuits, which was recently approved by the National Legislative Assembly and published in the Royal Gazette, is due to come into force in December 2015. IP owners are advised to take the necessary precautions to prepare for the implementation of the new law, and to protect themselves against potential product liability claims which may lead to a class action. Read update

27 Jul 2015

New legislation on border measures comes into force

Macedonia - A new law on customs measures for the enforcement of IP rights, enacted by Parliament on May 26 2015, came into force on June 5 2015. The implementing regulations came into force on June 27 2015. Under the new law, trademark owners must now provide more information in order to establish a customs watch, but the procedure to obtain the destruction of counterfeit goods is simpler. Read update

24 Jul 2015

OHIM was right to assess items of evidence in conjunction with one another, rather than individually

European Union - The decision of the General Court in Deutsche Rockwool v OHIM is a useful reminder of the key principles relating to proving genuine use of a CTM. Among other things, the court held that it cannot be ruled out that an accumulation of evidence may allow the necessary facts to be established, even though each of those pieces of evidence, taken individually, would be insufficient to constitute proof of the accuracy of those facts. Read update

24 Jul 2015

Nike obtains victory against online platform operator

Argentina - In Nike International Ltd v Compañía de Medios Digitales CMD SA, the Federal Civil and Commercial Court of Appeals has held that the operator of the online platform Mas Oportunidades was liable for publishing advertisements for goods that were obviously infringing. Nike had sued the operator after becoming aware that certain users were advertising Nike “replicas” and “imitations”. Read update

24 Jul 2015

IP Tribunal takes weakly distinctive elements into account in similarity analysis

South Korea - In W L Gore & Associates Inc v Lee Gil Woon, the Intellectual Property Tribunal of KIPO has held that the figurative mark WIND COOL should be cancelled based on Gore’s famous earlier mark WIND STOPPER. In doing so, the tribunal adopted a more flexible approach to the assessment of similarity, taking into account the non-distinctive elements of the marks. Read update


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