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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 15

September/October 2008

Publicity and image rights

  • 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

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  • 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

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  • 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

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  • 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

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  • 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

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WTR 14

July/August 2008

Design and trade dress

  • Design and trade dress

    Mexican law provides protection to designs used as trade dress for both products and services by virtue of industrial design, copyright, trademark or unfair competition law

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  • Design and trade dress

    While trade dress is not recognized as such by Italian law, the appearance of a product may be protected under trademark law, model and design law, copyright law and unfair competition law

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  • Design and trade dress

    Protection for designs and trade dress in the European Union is possible through various means. This article looks at the key systems available and highlights the benefits of each

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  • Design and trade dress

    Trade dress can be registered in China as trademarks or design patents. It is more commonly protected under the Anti-unfair Competition Law. However, enforcing rights under that statute may prove to be a higher hurdle to negotiate than enforcing registered rights as it requires evidence that the trade dress is unique and applies to a famous commodity

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  • Design and trade dress

    Trade dress law is protected under common law principles in India. Recent case law has addressed some important issues, but divisions remain

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  • Design and trade dress

    As in most jurisdictions, the appearance of a product may be protected in Germany under various IP laws and unfair competition law. The courts, in particular the Supreme Court, have developed extensive case law in relation to trade dress protection

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WTR 13

May/June 2008

Pharmaceutical trademarks

  • Pharmaceutical trademarks

    Pharmaceutical trademarks have been the subject of much debate, discussion and case law in India. This article runs through some of the key decisions

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  • Pharmaceutical trademarks

    Unlike marks in most other business fields, pharmaceutical trademarks are affected by regulatory law. In Germany, this influence accompanies the trademark throughout its existence. The owners of pharmaceutical trademarks therefore face a number of specific questions – not only when registering a trademark, but also in connection with maintaining and defending it

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  • Pharmaceutical trademarks

    The health industry has always been a sensitive sector, including in relation to trademarks. The current practice for the assessment of pharmaceutical trademarks is the result of a long evolution of French case law

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  • Pharmaceutical trademarks

    With public health and safety issues arising from pharmaceuticals hitting the headlines daily, it is hardly surprising that these concerns have permeated the assessment of whether a new pharmaceutical trademark will
    cause confusion. EU pharmaceutical trademarks undergo two separate assessments on this front

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  • Pharmaceutical trademarks

    The sale of pharmaceutical products online is an increasing problem. Various Australian statutes may help in controlling such trade

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  • Pharmaceutical trademarks

    The Italian courts have issued a number of rulings on pharmaceutical trademarks in recent years. This article looks at a selection of key rulings in this field

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  • Pharmaceutical trademarks

    China, the most populous country in the world, has a median age that continues to rise. If it can maintain its strong economic growth, building on the success of the past decade, the long-term prospects for pharmaceutical
    companies in China will be very promising

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  • Pharmaceutical trademarks

    The registration of pharmaceutical trademarks in Mexico may be problematic as there are no clear-cut examination criteria to assess similarity with prior marks. In addition, the body charged with granting marketing authorization has no obligation to assess new applications against existing trademark registrations

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WTR 12

March/April 2008

Anti-counterfeiting

  • Anti-counterfeiting

    Seizures by Customs in the European Union increased by 40% between 2005 and 2006 and are continuing to
    grow. Although legislation has been introduced to tackle counterfeiting across the European Union, far more
    needs to be done to prevent the initial production and sale of infringing goods

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  • Anti-counterfeiting

    Until relatively recently, the Dutch authorities had a somewhat <i>laissez-faire</i> attitude to counterfeiting.
    The belief was that rights holders should protect their economic interests themselves. Now, though, attitudes
    have started to change

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  • Anti-counterfeiting

    One of the fastest-growing industries in India, the software and IT industry, is also one of the most affected by
    counterfeiting and piracy

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  • Anti-counterfeiting

    Although the United States provides a good legal framework to fight counterfeiting, depending on the legal
    system alone is often not enough. US brand owners must be diligent in the prevention of the manufacture
    and distribution of counterfeit products

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  • Anti-counterfeiting

    Italy enjoys the dubious honour of being at the top of the list of producers and consumers of counterfeit goods
    in Europe. However, recent efforts may change this situation

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  • Anti-counterfeiting

    Mark owners seeking to protect their rights against counterfeiters should follow the money trail. New rules on
    asset freezing orders in Australia will help them along the way

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  • Anti-counterfeiting

    Thorough investigations and careful evidence collection are at the heart of any successful anti-counterfeiting
    campaign in China. But flexibility is also key

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  • Anti-counterfeiting

    Mexico is a large consumer and producer of counterfeits. However, this should not discourage brand owners
    from devising anti-counterfeiting programmes, as Mexican legislation provides the necessary tools

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  • Anti-counterfeiting

    A new law enacted on October 29 2007 brings the French IP provisions into line with the EU IP Rights
    Enforcement Directive. The new provisions, some of which go beyond the directive’s requirements, bring
    significant changes to IP practice in France

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  • Anti-counterfeiting

    A comprehensive legal framework and efficient enforcement by the courts mean that protection against
    counterfeiting is very effective in Germany. However, the onus is on brand owners to protect their rights

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