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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 19

June/July 2009

Trademark enforcement

  • Trademark enforcement

    Before the entry into force of the Trademarks
    Act in 2001, trademark owners struggled to
    enforce their rights before the courts. Further
    amendments were introduced by Act
    19/2006, which implemented the IP Rights
    Enforcement Directive.

    read more

  • Trademark enforcement

    The issue of how best to protect trademark
    rights in China is one faced by many
    multinational companies. This article aims
    to provide some tips on successful
    enforcement in China.

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  • Trademark enforcement

    Trademark owners seeking to enforce
    their rights in Norway should typically
    start civil proceedings. However, mark
    owners should also consider applying for
    customs surveillance and should make
    use of alternative resolution bodies for
    solving unfair competition and domain
    name disputes

    read more

  • Trademark enforcement

    The debate surrounding the conflict between trademarks and trade names is not new in Romania. However, case law is developing, with certain courts finding that a trade name which infringes an earlier registered mark must be amended

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  • Trademark enforcement

    EU legislation provides a number of means by which IP rights may be enforced. In addition, various proposals and initiatives are pending in relation to criminal sanctions and the fight against counterfeiting and piracy.

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  • Trademark enforcement

    When it comes to enforcing their rights in
    the United States, mark owners can
    choose between a vast array of tools,
    including arbitration, litigation and anti-counterfeiting actions.

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  • Trademark enforcement

    Determining which court has jurisdiction
    over a particular dispute is crucial for IP
    rights owners. Russian law provides a
    number of criteria to answer this question,
    but uncertainty remains as to certain kinds
    of IP cases

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  • Trademark enforcement

    Mark owners seeking a preliminary injunction must file their request with a local bailiff’s court while full infringement proceedings should be filed with the Maritime and Commercial Court – a specialized court.

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  • Trademark enforcement

    Italian statutory law provides all the tools
    necessary for the effective enforcement of
    trademark rights. This is further
    enhanced by the existence of specialized
    IP sections within the courts. However,
    some peculiarities of the Italian system
    mean that the courts are swamped by
    cases challenging the validity of
    registered trademarks.

    read more

  • Trademark enforcement

    Enforcing trademark rights in Israel can be done through the usual channels of the courts, the police and Customs. Filing petitions before the registrar of trademarks, particularly in cases of conflicting applications, should also be considered.

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  • Trademark enforcement

    In Mexico trademark rights are enforced
    mainly through the Trademark Office. The
    enforcement of famous and notorious
    marks is governed by specific rules.

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  • Trademark enforcement

    Trademark owners have several means of
    enforcing their rights in Benelux. In
    addition, the scope and effectiveness of
    enforcement actions have increased since
    the implementation of the IP Rights
    Enforcement Directive.

    read more

  • Trademark enforcement

    Germany’s long tradition of trademark
    right enforcement ensures that brand
    owners are well protected. However, the
    recent implementation of the EU Unfair
    Commercial Practices Directive and the IP
    Rights Enforcement Directive introduced
    some small but noteworthy changes

    read more

  • Trademark enforcement

    The enforcement of IP rights in India
    remains inconsistent. While the Indian
    judiciary regularly displays remarkable
    flexibility with regard to protection, the
    enforcement of IP laws by law enforcement
    agencies leaves much to be desired

    read more

  • Trademark enforcement

    New enforcement tools in Brazil are
    encouraging trademark owners to litigate
    to protect their rights and claim monetary
    compensation for infringement

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  • Trademark enforcement

    The implementation of the IP Rights
    Enforcement Directive in Portugal
    represented a turning point in the country’s
    approach to enforcement. However, one year
    on, many questions remain unanswered

    read more

  • Trademark enforcement

    Trademark rights can be enforced in
    Canada on the basis of both registered
    and unregistered rights, under the federal
    statute and the common law tort of
    passing off. Remedies include
    interlocutory injunctive relief, but
    proving irreparable harm often presents
    a tremendous challenge.

    read more

WTR 18

April/May 2009

Trademark prosecution and registration strategies

WTR 17

February/March 2009

Internet issues

  • 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

  • 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

    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

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

    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

    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

    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 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

    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

    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

    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

    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

    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

    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

WTR 16

November/December 2008

Protection of unregistered trademarks and other commercial signs