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The Ecuadorian IP Office has seized more than 37,000 items during operations carried out simultaneously in three different cities. The action was the result of a request by Crocs Inc for an injunction against the continued infringement of its registered 3D marks. The office highlighted the importance of this type of action, which both protects the rights of trademark owners and ensures that consumers are not confused when buying goods.
Argentina’s emergency trademark law amendments and reassuring filing figures; exclusive data analysis
In our latest data report, World Trademark Review examines Argentina's IP profile, exploring the potential impact of the new emergency decree on trademark law, while providing a thorough breakdown on filings at the Argentine register and delving into the performance of the trademark office.
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.
Brazil is a first-to-file jurisdiction, and therefore IP rights in a pharmaceutical trademark are acquired only when an application is filed, approved and registered with the Brazilian Patent and Trademark Office. However, pharmaceutical trademarks fall under two separate and independent statutory regimes.
Sweeping amendments to the Trademarks Act are expected to be implemented in 2019. The amendments will fundamentally affect the way in which all trademark owners will need to approach their selection, clearance and registration strategies, and the pharmaceutical industry is no exception.
Two legal frameworks are applicable to pharmaceutical trademarks in Chile. On the one hand, the Industrial Property Law and its regulation set out the rules for the registration and use of trademarks; on the other, the Sanitary Code and Decree 3/2010 (among other rules) regulate the pharmaceutical product marketing authorisation procedure.
In order for a pharmaceutical trademark to be registered, no prior authorisation is needed per se. Unlike in other countries, in France the trademark owner is independent from the party exploiting the trademark and need not possess a particular quality (eg, be a pharmacist or be authorised to sell the product).
Indian trademark law prohibits registration of marks which are descriptive in nature or devoid of distinctiveness, except where the mark has acquired distinctiveness or secondary significance on account of its use, publicity and popularity.
There is no clear link between the IP Law and the Health Law and their regulations regarding conflicts between registered trademarks and marketing authorisations or distinctive names. IMPI examiners usually consider the three-letter rule when analysing the similarity of pharmaceutical trademarks.
Developing and protecting new pharmaceutical product names in Norway is a complex task, requiring experience and know-how at all stages of the process. This chapter outlines key issues to be considered when choosing a new pharmaceutical trademark in Norway.
In Romania, pharmaceutical trademarks are governed by the same national legislation and relevant EU directives and regulations as other trademarks. However, when selecting trademarks to register, and in contentious matters, some specific elements must be taken into account.
The requirements for registration of pharmaceutical trademarks are the same as for any trademark: a request for registration in the prescribed form, including a representation of the sign and a list of goods covered, along with the payment of a fee.
WTR Pharmaceutical-Trademarks 2018 - Procedures and strategies for pharmaceutical brands: Switzerland
Swiss law includes no specific provisions on international non-proprietary names (INNs). INNs are considered to be generic terms if they stand alone and thus cannot be registered as trademarks.
WTR Pharmaceutical-Trademarks 2018 - Procedures and strategies for pharmaceutical brands: United Kingdom
To minimise the risk of counterfeit medicines reaching consumers, the Medicines and Healthcare Products Regulatory Agency licenses all steps of the medicine distribution system including manufacture, distribution and storage and monitors the supply and manufacture of medical devices.
WTR Pharmaceutical-Trademarks 2018 - Procedures and strategies for pharmaceutical brands: United States
Clearing and registering pharmaceutical trademarks in the United States are often more complex and challenging than in other countries. This is due in large part to the requirement that the Food and Drug Administration approve all pharmaceutical trade and generic names, the latter of which cannot be subject to trademark protection.
Barbados has concluded its first criminal trial for the sale of counterfeit goods, with the Crown obtaining a guilty verdict in the Magistrate’s Court. The case involved shoes and backpacks that counterfeited the ‘Fenty PUMA by Rihanna’ line. The defendant argued that he was unaware that the goods were counterfeit, but the presiding magistrate did not find him credible, calling him “evasive and economical with the truth, at best”.
Amazon under fire for banning sale of Google Chromecast and “fulfilling” sales of fake and copycat streaming devices
Retail giant Amazon has come in for more criticism over the sale of fakes on its platform, this time for selling and fulfilling the delivery of copycat Google Chromecast products. The denunciation comes days after one small business owner accused Amazon of being “complicit with counterfeiting” a statement that went viral and has led to increased pressure on the company to take further action to stem the sale of fakes.
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.
A beer coloured trademark, Changsha IP court opens, and Kosovo registry launches digital database: news round-up
In today’s edition, we look how the so-called Beast from the East closed the UK IPO Office this week, the European Commission stepping up its battle against illegal content online, a new IP court opens for business in China, and controversy in Australia over a trademark application for a football chant.
World-class brand creation and protection professionals convened in Shanghai for World Trademark Review’s Brand Strategy China. The high-level knowledge-sharing event resulted in actionable. takeaways for those tasked with protecting and growing their brands in the region.
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