Country correspondent

Our Country Correspondents, leading firms from countries across the globe, take a detailed look at specific topics affecting trademark owners.

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WTR 39

October/November 2012

Publicity and image rights

WTR 38

August/September 2012

Design and trade dress

  • Design and trade dress

    The importance of trade dress has been reinforced by judicial precedents which have made clear that products are purchased not just by reference to brand names, but also to their overall presentation

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  • Design and trade dress

    Design patents, trade dress and copyrights each have different requirements, resulting in the need for a multi-faceted approach

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  • Design and trade dress

    Mexican legislation does not prohibit the accumulation of rights; thus, a rights holder should seek to protect all elements contained in its trade dress in order to cover as much as possible

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  • Design and trade dress

    Not all Italian courts take the same approach towards the lookalike phenomenon or trade dress in general

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  • Design and trade dress

    In the absence of specific trade dress legislation, a number of protections are available to protect a product’s visual appearance

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  • Design and trade dress

    Current legislation in China is generally sufficient to protect trade dress, but improvements are needed to clarify the scope of protection afforded to shapes and appearance

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  • Design and trade dress

    Businesses should consider all relevant protection available in the United Kingdom. Although unregistered rights are immediately available and incur no upfront cost, registered rights are more straightforward to establish and enforce

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  • Design and trade dress

    Obtaining the most comprehensive protection for designs and trade dress in Canada often requires a coordinated strategy that relies on trademark, copyright and design protection

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  • Design and trade dress

    While there is currently no statute on trade dress in Poland, there are legal tools available to brand owners to
    protect their intellectual property

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  • Design and trade dress

    Although registrations alone cannot guarantee 100% protection against parasitic copying, combining registration with the Unfair Competition Law and the Copyright Law could safeguard a brand owner’s rights

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WTR 37

June/July 2012

Domain name management

  • Domain name management

    Preparing for the impact of new gTLDs on domain name management in the United States

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  • Domain name management

    In creating a domain name strategy, brand owners need to ensure they are taking a national and international perspective

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  • Domain name management

    With the advent of new gTLDS, brand owners need to create a multi-faceted domain name management strategy

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  • Domain name management

    In the ever-expanding online world, brand owners need to be ready to fight infringement at the top and second levels

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  • Domain name management

    Important changes to ‘.ca’ dispute resolution policy make it more accessible to trademark owners

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  • Domain name management

    In addition to a clear ‘.in’ Domain Dispute Resolution Policy, the courts have laid down some consistent guidelines for the treatment of domain name disputes

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  • Domain name management

    While the Romanian Top-Level Domain Authority oversees the country’s domains, brand owners should consider whether to utilise its dispute resolution procedures or utilise other methods

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  • Domain name management

    A range of national domains are available in Russia, with disputes between IP owners and domain name administrators played out in the courts

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  • Domain name management

    Faced with a range of domain name variations, brand owners doing business in China need to carefully consider
    their selection methodology

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  • Domain name management

    The United Kingdom is one of the most cost-effective jurisdictions in which to deal with domain name abuses

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WTR 36

April/May 2012

Anti-counterfeiting

  • Anti-counterfeiting

    While more could be done, India has a robust legal framework for combating counterfeiting and piracy. For
    brand owners, the key is creating a carefully thought-out strategy to operate within this framework

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  • Anti-counterfeiting

    It is important that rights holders demonstrate their commitment to working with Customs, in a bid to maximise the effectiveness of the rights protection mechanisms at their disposal

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  • Anti-counterfeiting

    In China, brand owners can draw on a range of enforcement options to fight against counterfeiting – both in the physical world and online

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  • Anti-counterfeiting

    In the United Kingdom, a prompt and streamlined procedure is necessary to ensure that counterfeit goods
    can be efficiently destroyed while complying with the existing regime

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  • Anti-counterfeiting

    There are a number of tools available for curbing the availability of counterfeit goods, with the International Trade Commission and US Customs and Border Protection key allies in the fight

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  • Anti-counterfeiting

    Specialist IP panels have been created in Bucharest and have developed solid case law, as they have exclusive
    jurisdiction over all trademark cancellation and revocation cases. Choosing the right forum can therefore be crucial

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  • Anti-counterfeiting

    In Canada, there is generally no customs enforcement of IP rights and customs officials have traditionally seen their role as simply collecting the relevant duties. However, options are available to stem the flow of counterfeits

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  • Anti-counterfeiting

    Russian law enforcement has stepped up its efforts to fight counterfeiting over the past few years, with trademark owners able to draw on a range of enforcement options

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  • Anti-counterfeiting

    The tools being implemented by Italian Customs are having a significant impact, both in fighting piracy and in
    public administration relations

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