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 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

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

    read more

  • 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

    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

    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

    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