Blog results - found 154
New research from the OECD and EUIPO reveals that growth in free trade zones where economic activity is driven by reduced customs controls, light regulation and limited oversight is, in turn, fostering growth in counterfeit goods trafficking.
The status of geographical indications after the UK leaves the European Union next year has become a hot button issue over the past few days. At least one British newspaper has covered the topic on its front-page, with speculation that lobbyists from the United States are pushing for the UK to drop GI protection to allow the importation of “American copies” of products including Cornish pasties, Scotch Whisky and Melton Mowbray pork pies a scenario one expert tells us is not unrealistic.
Canada’s 2018 budget plan has unveiled the first aspects of the country’s national IP strategy. Although the importance of IP is much-vaunted throughout the policy statement, which also sets aside funds for a number of concrete IP initiatives, brand rights take a backseat in the highly patent-focused IP strategy announcements.
The Confederation of All India Traders has stepped up pressure on the Indian government to pass a new Consumer Protection Bill which contains provisions designed to hold brand ambassadors liable for misleading endorsements. While there have been fears that the move could significantly impact brand and marketing strategies in the country, close reading of the bill suggests that the clampdown may not be as severe as it appears at first sight. In fact, responsible brands and celebrities could both benefit.
The Organisation for Economic Cooperation and Development (OECD) has released a major new policy study in which it identifies how governments and customs authorities can step up the fight against illicit goods. A particular focus is how to overcome the policing challenge posed by the increased use of small parcel mailings a spotlight that will be welcomed by trademark professionals. Attention will now turn to whether meaningful action results.
US government report finds staggering ratio of fakes on major e-commerce sites: calls for agencies to step up
A new report published by the US Government Accountability Office (GAO) has found that US agencies could be doing significantly more to tackle the growing threat of counterfeit goods. In doing so, the GAO revealed the staggering ratio between authentic and fake goods on e-commerce sites.
With the General Data Protection Regulation (GDPR) becoming enforceable on May 25 2018, all eyes are on its potential impact on rights holders’ access to accurate and reliable WHOIS data. One industry expert warns of the “absurd” policies that could result from incorrect analysis of the regulations adding that cybercriminals “anywhere in the world” could soon become the biggest fans of GDPR.
Singapore opens plain packaging consultation; hits out at “misleading” use of branding by tobacco companies
Singapore’s Ministry of Health has opened a public consultation on proposals to introduce standardised packaging of tobacco products alongside enlarged graphic health warnings. The document firmly dismisses legal and trade-related arguments against plain packaging, and should be of concern to rights holders seeking to prevent the expansion of brand restrictions.
British prime minister Theresa May has fired a warning shot to China’s government over the need to respect the rules of international trade especially in regards to counterfeit goods. In a message published on the day she begins an official visit to China, May writes that the two countries must work together so UK businesses can be “confident that their intellectual property and rights will be fully protected”.
IP firm announces Dublin office due to “uncertainty of Brexit” as negotiations on intellectual property begin
A UK-based IP law firm has announced it has chosen to open a new office in Dublin rather than London due to “the uncertainty of Brexit”. The move comes on the same day that it was revealed Brexit talks about IP have started, with one trademark attorney telling World Trademark Review that it still seems “very unlikely” the UK will be covered by the EU’s trademark registration system beyond the transitional period.
A week-long spat between Alibaba and the Office of the US Trade Representative has turned into a full-blown diplomatic issue after the Chinese government publicly questioned the credibility of the Notorious Markets List. China’s Ministry of Commerce has also claimed that the report lacks “solid evidence” to include the nine Chinese marketplaces accused of engaging in rampant IP infringement a move that appears to call into question the accounts of brand owners tackling fake goods in China.
Bodies representing IP solicitors, barristers and chartered trademark and patent attorneys have teamed up to urge the UK government to address key IP concerns related to Brexit urgently. While limiting its list to five key areas of concern, the document warns that a multi-year transitional period will likely be required to reach a suitable solution.
Just days after California started legally selling recreational marijuana, the Trump administration has signalled a U-turn on the federal marijuana enforcement policy, bringing it into conflict with a number of states. Experts tell World Trademark Review that the move also creates further uncertainty about the prospects for brands in the sector.
New research has examined how religious signs are increasingly used in trade, and revealed how misappropriation by nefarious sellers can be harmful to the identity and preservation of religious cultures. To that end, the study’s author tells World Trademark Review that governments “should do more” to protect religious signs and that religious organisations must engage in commercial activities in order to fight back against misappropriation.
A warning to prepare for ‘no deal’: EUIPO issues Brexit notice as negotiations move to next stage (updated)
The UK government and the European Commission have announced that an agreement has been struck to move the Brexit negotiations on to trade discussions. The move, heralded as “hard won” after months of uncertainty, comes in a week when the EU Intellectual Property Office issued a notice clarifying the result of a ‘no deal’ scenario a move that one expert says should be seen as a “warning”.
The Chartered Institute of Trademark Attorneys has published a new report which identifies the impact that Brexit could have on UK businesses and the legal profession in relation to IP rights. It also makes the business case for the importance of UK trademark attorneys to retain the right to represent clients before the EU Intellectual Property Office.
“We need to be a true not-for-profit”: INTA to expand corporate social responsibility as CEO gets political
The International Trademark Association (INTA) has vowed to expand its corporate social responsibility activities and better communicate examples of its ethical conduct to address members' misconceptions. The announcement came at the launch of INTA’s latest conference in Berlin, with CEO Etienne Sanz de Acedo highlighting the need for corporations and the association itself to adapt to the global backdrop of climate change, a major water crisis and large-scale population displacement.
European Commission unveils plans for IP Market Watch List, a major new tool in the fight against fakes
The European Commission has presented a series of measures designed to ensure that IP rights are better protected, in a bid to spur innovation and creativity in EU-based companies. The package of initiatives includes plans for a watch list similar to the Office of the US Trade Representative's Notorious Markets List, providing brand owners with a new tool for pressuring physical and online actors to do more to fight the trade in counterfeits around the world.
The International Trademark Association (INTA) has published a Brexit position paper, making a series of recommendations to negotiators on the treatment of intellectual property. INTA has also revealed that it is working directly with the negotiating parties and the UK Intellectual Property Office to ensure that IP and brand-related issues are properly addressed.
As the Internet Corporation for Assigned Names and Numbers community grapples with the potential threat of the upcoming General Data Protection Regulation regime to the WHOIS system, the organisation is deferring enforcement actions over non-compliance with contractual obligations relating to the handling of registration data. The move has been criticised as a “reactionary” gambit by one leading IP expert.
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