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Legislation was tabled last week in the US House of Representatives calling for the abolition of the Immigration and Customs Enforcement (ICE), following a week in which over 100 elected officials declared their support for dismantling the organisation. It sparked a reminder that the agency plays a crucial role in the fight against counterfeits, with a leading trademark lawyer describing the calls for ICE’s complete abolition as “short-sighted”, warning that such a move would damage brand rights enforcement as well as other positive functions it serves.
"No closer to clarity" UK's Brexit White Paper offers clues to future IP approach, but big questions remain
This week the UK government published its much-anticipated blueprint for the United Kingdom’s future relationship with the European Union. While IP rights are specifically addressed in the White Paper, trademark practitioners will be left with several significant unanswered questions.
The main drivers that determine the likelihood of a country being involved in the trade of counterfeit goods have been identified by a new report from the European Union Intellectual Property Office. Governance, free trade zones, production facilities, logistical capabilities and facilities and trade facilitation policies are all highlighted as the key determinants.
In the first of a new regular opinion column, the onward march of plain packaging is examined. In the face of seemingly unstoppable momentum, now is the time to consider whether brands will remain on the sidelines or make their voices heard.
After over a decade of discussion, Brazil looks increasingly likely to accede to the Madrid system within the coming year. To get a sense of the sentiment on the ground, we reached out to local law firm practitioners to ask how it is expected to impact their own practice and the wider trademark scene and whether predictions of imminent accession are actually realistic.
Last week we reported on a session at the ICANN meeting in Panama, in which the Government Advisory Committee heard from rights holders who have faced significant enforcement challenges following the enactment of the European Union's General Data Protection Regulation. As the week went on, it became clear that those frustrations will continue for some time yet, despite government calls for urgent action.
The Second Civil Court of Santiago has dismissed a complaint filed by Evercrisp (a subsidiary of Pepsico) against a Health Authority resolution prohibiting it from using a cheetah logo on the packaging of its Cheetos product on the ground that it violated the food labelling regulation - despite the fact that the logo was duly registered. The court held that the regulation does not imply an expropriation, but only a limitation of trademark rights.
With a 10% rise in trademark applications mostly spurred by Chinese filings flooding the USPTO in 2017, questions have been raised about whether the office can cope with this influx both now and in the future.
The new Law on Competition, which was passed by the National Assembly on 12 June 2018, will enter into force on 1 July 2019. In light of the changes introduced by the new law, the alternative procedure for challenging certain IP-related unfair competition acts before the National Competition Authority may no longer be available to brand owners.
Geographical indications have hit the headlines in recent months, with mainstream debate grappling the extent of their protection but why have they become such a hot political issue?
New research has highlighted the beneficial effect of trademark ownership for start-up companies. One of the first studies to explore the relationship between brand rights and a firm’s financial performance, it demonstrates that fledgling companies with more trademarks achieve higher valuations, attract greater investment and perform better after IPOs.
During a session at last week’s ECTA Annual Conference, experts made some bold often startling predictions on where they see the trademark industry in 10 years. While some were unsurprising, such as how artificial intelligence and automation will improve efficiency, there were some unexpected suggestions, including how the role of law could change in the future.
ICANN steps up GDPR clarity bid, Squire Patton Boggs resolves China dispute, and insights from ECTA 2018: news round-up
In our latest round-up, we look at various insights from ECTA’s 37th annual conference, Squire Patton Boggs resolving a dispute in China over use of its name and related domain name, a potential disagreement between Jack Daniel’s and a Chambord estate, the Financial Times winning a trademark dispute, and how domain registrations for sports betting are on the rise.
South Korea rockets to top of customs ranking; illicit trade report reveals countries that need to do more
The Global Illicit Trade Environment Index, launched simultaneously in Hong Kong, Brussels and Panama City, scores 84 economies on the extent that they enable or prevent illicit trade. While taking a broad look at illicit trade, the report contains useful insight on the anti-counterfeiting landscape.
A new IP law will come into force in the Southeast Asian nation of Laos this weekend, introducing trademark opposition procedures to the country for the first time. The new law stipulates the creation of a new digital platform for brand rights and expands the range of images eligible for trademark protection in the jurisdiction, among other things.
The Scotch Whisky Association’s director of legal affairs pulls back the curtain to reveal how the industry protects its heritage.
Japan’s filing trends are distorted by a single applicant, while brands plummet in value: exclusive data analysis
In this week’s country data report, we look at the trademark landscape of Japan. Specifically, we highlight the country’s unusual distribution of applications by trademark class, show how a single applicant has obfuscated filing trends and analyse the volatile values of the leading Japanese brands.
This week, the Guardian reported that the treatment of geographical indications is proving a sticking point in the ongoing Brexit negotiations, with the European Union having “stepped up demands on the UK to legislate to preserve the status of European speciality produce”. While trademark associations have confirmed their support for a system of mutual recognition, the UK government has proved resistant to making any guarantees. The result is uncertainty for rights holders and producers.
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 by August 9 2018. Among other things, the proposed legislation aims “to regulate the packaging and appearance of tobacco products and to make provision for the standardisation of their packaging”.
The INTA Board of Directors recently approved the creation of a Brand Value Special Task Force. To get the inside track on this new initiative, and explore how brand owners will benefit, we sat down with co-chair Heather Steinmeyer.
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