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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.
In a landmark ruling, the World Trade Organisation (WTO) has upheld Australia’s tobacco plain packaging regime as being consistent with the WTO’s trade obligations. The response has been mixed. While the Canadian Cancer Society has told World Trademark Review it gives a “big boost” to plain packaging momentum, INTA has voiced its disappointment and is regrouping on the issue.
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.
Cuba issues first consumer protection rules, IHOB “a flop”, and cost of a country rebrand: news round-up
In our latest round-up, we look at Alibaba and Kantar teaming up to redefine brand building in China, how the trademark in fake Italian goods costs Italy billions, Ukraine developing an institution of IP inspectors, and a hip-hop artist has been ordered to pay $2 million for infringing on an independent rapper’s trademark.
Brazil set to accept Madrid applications in early 2019; associations being kept “in the dark” over plans
Plans for Brazil to join the Madrid Protocol have been mooted for over a decade now, but evidence suggests it could finally be coming to pass. Talking to World Trademark Review, the president of the Brazilian IP Agents Association reveals that it is expected the Brazilian IP Office will begin accepting international applications early next year but concerns have been raised over the quality of examinations in recent months.
Trademark counsel have had their say on the efficiency of customs authorities across the globe with some of the largest importers of counterfeit goods giving cause for continued concern.
The performance levels of the Chinese, Brazilian and Indian trademark offices have clear room for improvement but change could be afoot.
Jamaica approves protection of GIs, Montenegro joins TMView and United Kingdom ratifies Hague Agreement: news round-up
In our latest round-up, we look at the latest predictions for the next round of gTLDs, a tale of two O’Keefe law firms, the IP Office of the Philippines reporting on counterfeit seizures in 2017 and the United Kingdom’s IP Crime Unit urging the public to “treat mum right” by avoiding fakes.
As national IP registries are encouraged to become innovation agencies and to offer non-core tools and services, we once again identify those leading the way and the offices trailing behind
In this week’s World Trademark Review country data report, we shine the spotlight on Brazil. In addition to taking a closer look at fallout from the country’s trademark and patent backlog, we identify the best performing brands and review recent filing data to assess the health of the trademark landscape.
In our latest news round-up we look at the announcement of a new IP minister in the UK, INTA welcomes its new president, the latest development in the long-running Havana Club dispute, and the Vegas Golden Knights have addressed a trademark opposition by the US Army. Coverage this time from Trevor Little (TL) and Tim Lince (TJL).
Major disruptions in the insurance sector and how brand strategies must evolve: exclusive data analysis
In World Trademark Review’s latest industry report, we turn to the insurance sector which is undergoing an incipient transformation that could present significant risks and opportunities. We analyse how the leading brands in this space have performed and how trademark strategies are adapting in light of increased regulation, slow economic growth and the upsurge of new technologies.
Mexico shows robust filing figures, as services overtake goods for first time: exclusive data analysis
In World Trademark Review’s latest country data report, we take a look at Mexico and how brands fare in the country. We will be examining key filing statistics, the top industries and the performance of the Mexican trademark office to determine areas of opportunity and risk.
Trademark-intensive industries across Chile, Colombia, Mexico, Panama and Peru account for 18.5 million jobs and $2,390 of value per capita a year, according to research commissioned by the International Trademark Association and Inter-American Association of Intellectual Property. For those working in such industries, salary premiums of up to 25% were observed.
In December 2016 Legislative Decree 1309 was published in the Official Gazette El Peruano. This decree establishes that the Executive Branch will issue the regulatory provisions of Legislative Decree 1075, which approves supplementary provisions to Decision 486 of the Andean Community Commission and establishes the Common Regime on Industrial Property.
Going it alone: Cayman Islands to create local trademark registry, further calls to join Paris Convention
The new Cayman Islands trademarks law will be implemented on August 1, transforming how international brand owners attain protection in the Caribbean jurisdiction. Previously, a UK or EUIPO registration was required to attain trademark rights on the island, but this practice will end, with only national applications filed by local agents being accepted. However, there are claims the changes don’t go far enough, with one commentator calling for the country to join the Paris Convention.
The Executive Branch has introduced major amendments to the Peruvian IP regime through the issuance of Legislative Decree No 1309. The new decree includes amendments to various IP decrees, including Legislative Decree No 1075. Among other things, non-contentious matters will be now resolved on appeal by the Commission of Distinctive Signs or the Commission of Inventions and New Technologies.
The Brazilian government has confirmed that it intends to join the international trademark system by mid-2018. While the country’s move towards the Madrid Protocol will be seen as positive by the World Intellectual Property Organisation, one expert argues that the country’s trademark office is far from ready even claiming that its progress could be stifled as a result of Madrid.
The new Civil and Commercial Code has established a set of basic rules on advertising, and with respect to comparative advertising it reflects the principles established by the Argentine courts.
Between January 2015 and April 2016, the Jamaican Customs Agency seized more than $12 million worth of counterfeit goods, an approximate six-fold increase over a similar timespan between January 2014 and April 2015.
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