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In this week’s industry data report, we analyse the vibrant technology landscape. Specifically, we take a broad look at industry trends, provide a full rundown of the filing patterns in this field and gauge the performances of the leading tech brands in the world.
No likelihood of confusion between FIDELITY and FIDELIS despite similarity between marks and services
In FIL Ltd v Fidelis Underwriting Ltd, the Patents Court has held that the FIDELITY marks for "insurance services", "financial services" and "investment services" were not infringed by the sign FIDELIS. The case demonstrates the increasing difficulties in enforcing trademarks which are registered for a broad class of goods or services.
The Trademarks Act No 2 of 2018 was published earlier this year. Among other things, the new act introduces protection and registration for service marks, collective marks and geographical indications. It will also be possible to oppose the registration of a mark based on a registered or unregistered well-known mark.
While there are several initiatives in place to assist landlords in fighting counterfeiting, a great deal more can and must be done by landlords, governments, enforcement agencies and rights holders in transforming these efforts into a comprehensive and collective response to this massive problem.
Counterfeiting is a priority policy issue for the International Trademark Association (INTA). Counterfeit goods are reaching consumers in all corners of the world and have permeated the online marketplace.
Counterfeiters often act through third parties that might not be aware that their services are used for illegal activities. Such third-party engagement renders the liability of intermediaries a cutting-edge matter in IP law worldwide.
Online operators such as eBay, Facebook, Instagram and Amazon find themselves under the microscope. They have become hugely successful organisations, but their platforms are often misused by those infringing rights or promoting bad locations.
The reality is that as the counterfeiting market expands, brands will never be able to eliminate every single instance of it. However, it is not necessarily a losing battle. Instead, it requires a change of focus.
Compared to other forms of artistic expression such as literature, music, films and theatrical works fashion designs are left with limited IP rights and protection.
The European Union is a highly attractive business market and a prime target for counterfeiters. The EU Customs Regulation is the most cost-efficient and strongest tool to fight counterfeiting, given the investigative powers of customs authorities throughout the European Union.
With a population of more than 20 million divided among seven jurisdictions, the Western Balkans has the potential to be a fertile ground for the production and distribution of counterfeit goods.
The growth of the Brazilian market and economy is paralleled by the increase in counterfeiting activities.
Canada adopted a new border enforcement system on January 1 2015, which empowers Canada Border Services Agency (CBSA) officials to act ex officio to detain suspected counterfeit or pirated product.
Brand owners often contend that counterfeiting and trademark infringement are a high-profit and low-risk business, and that trademark protection falls short in China. However, positive changes have been taking place.
In addition to the IP Law, a number of other laws and regulations govern the protection and enforcement of trademark rights in Egypt.
In case of slavish imitations which are not within the scope of IP rights, the Act Against Unfair Competition provides for complementary protection of performances if additional unfair competition aspects are given, although the requirements are less strict for identical replications.
Seizures and detentions of counterfeit goods continued to be significant in Greece in 2017. Following on from the imposition of special consumption taxes on alcohol, tobacco and petrol a couple of years ago, there has been a significant increase in counterfeiting activity with regard to cigarettes and spirits.
The Trademarks Act is the principal legislation governing trademarks in India. The act provides both civil and criminal statutory remedies against the infringement of a registered trademark.
According to the Customs Ordinance, Customs is entitled to detain imported goods that are suspected of infringing trademarks. It is possible, although not mandatory, for rights holders to file a complaint while recording their registered trademarks with Customs
Contrary to common belief, the Italian legislative instruments against IP infringement are quite effective.
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