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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Issue 18

April/May 2009

Trademark prosecution and registration strategies

Issue #18

Issue 17

February/March 2009

Internet issues

Issue #17
  • Internet issues

    Keyword advertising, gripe sites and phishing can all infringe IP rights. Such activities generally trigger liability under unfair competition law in Romania and require detailed enforcement strategies read more

  • Internet issues

    As the Internet offers increasing opportunities for wrong-doing to scammers, counterfeiters and other infringers in the online environment, this article reviews some of the recourses available and best practices for brand owners read more

  • Internet issues

    China is already home to the highest number of internet users in the world. Online trademark infringement is a growing concern and recent cases suggest that the onus for policing rights falls on brand owners. read more

  • Internet issues

    The liability of online auction website operators and search engines are among the most controversial and most important issues in relation to trademarks online. So far, the Brazilian courts have not considered either in much detail. read more

  • Internet issues

    No keyword advertising case has reached the Canadian courts yet. However, a decision on ‘use requirements’ and various metatags decisions give indications of how the courts may approach keyword advertising cases read more

  • Internet issues

    Because of the difficulties in identifying the perpetrators of many acts of online infringement, IP rights holders increasingly turn to internet service providers for redress. However, the Spanish courts have so far interpreted narrowly the EU provisions on providers’ liability read more

  • Internet issues

    OLIVARES

    Due to a lack of legal framework, trademark owners find it difficult to enforce their rights on the Internet – in particular, on online auction platforms. However, self-regulation codes have been developed in order to tackle this issue read more

  • Internet issues

    The law relating to online infringement continues to develop rapidly in Benelux. Among other things, trademark owners must familiarize themselves with the latest rulings on the liability of internet service providers read more

  • Internet issues

    Under the Electronic Commerce Act, an internet service provider is not liable for the information that it stores unless it has actual knowledge of the illicit nature of such information. So far, no court decision has addressed the issue of the liability of service providers read more

  • Internet issues

    The Indian courts have had to address many legal issues arising from the development of the Internet – from passing off to phishing, metatagging and jurisdictional matters read more

  • Internet issues

    Italian courts are still divided over the criteria to use to establish jurisdiction over infringement occurring online read more

  • Internet issues

    Contextual online advertising is big business in Russia, much of it potentially infringing. A lack of clear law in this area makes enforcing trademark rights almost impossible read more

  • Internet issues

    Issues once hotly debated, such as metatagging, have now been settled in Germany. However, new practices, in particular keyword advertising and the liability of online auction platforms, still give rise to conflicting court decisions read more

  • Internet issues

    Jurisdiction is probably one of the most important legal matters raised since the launch of the Internet. A Jerusalem court has considered this issue in detail and has ruled, among other things, that a decision from a foreign court can be enforced in Israel. read more

Issue 16

November/December 2008

Protection of unregistered trademarks and other commercial signs

Issue #16

Issue 15

September/October 2008

Publicity and image rights

Issue #15
  • Publicity and image rights

    The new Privacy Law, which came into effect in 2006, enhances the protection of the rights to privacy and publicity under the Federal Civil Code and the Copyright Law read more

  • Publicity and image rights

    In Italy, publicity and image rights are governed by the Civil Code and the Copyright Law. Consent to use an individual’s image must be obtained, especially where the image is exploited for commercial purposes read more

  • Publicity and image rights

    India is yet to recognize the rights of publicity and image as distinct legal rights. However, individuals may rely on an accepted framework of IP and other rights to prevent the unauthorized exploitation of their names and images read more

  • Publicity and image rights

    Portrait rights in China are not absolute: fair use of a personality’s image is allowed, as long as the person making the unauthorized use exercises care in the manner in which the portrait is displayed read more

  • Publicity and image rights

    The Federal Court of Justice has recently introduced a new graduated concept of protection under which the greater the informative value of the image or the social relevance of the incident reported, the more the protection of the personal rights must take second place read more