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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 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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WTR 11

January/February 2008

Well-known and famous trademarks

  • Well-known and famous trademarks

    Both the First Trademarks Directive and the Community Trademark Regulation afford protection to well-known
    and famous trademarks. Uncertainty remains as to the definition of some key terms – for instance as to whether
    ‘well-known marks’ and ‘marks with a reputation’ have the same meaning

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  • Well-known and famous trademarks

    Through a combination of local laws, EU legislation and international measures, famous marks are well
    protected in Benelux. Over the past few years, the courts and the Benelux Office of Intellectual Property have
    strengthened well-known mark owners’ rights yet further

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  • Well-known and famous trademarks

    Well-known and famous marks enjoy increasingly good protection Down Under, even though only one
    provision mentions them expressly

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  • Well-known and famous trademarks

    Germany has a long history of offering strong protection to well-known and famous marks. As the courts have
    developed the law in this area, they have slowly relaxed the criteria for recognition as a well-known mark. These
    days, good survey evidence can mean that even the most descriptive of marks may be classified as well known

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  • Well-known and famous trademarks

    Italian legislation provides a good framework for the protection of well-known marks. However, there has been
    limited case law so far, leaving some uncertainty as to how to determine when ‘unfair advantage’ or ‘detriment’
    to the well-known mark occurs

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  • Well-known and famous trademarks

    US federal trademark law was amended on October 6 2006 by the Trademark Dilution Revision Act. Rulings
    under the new law trickled in during 2007, of which the most noteworthy is the decision of the US Court of
    Appeals for the Fourth Circuit in a commercial parody case involving Louis Vuitton

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  • Well-known and famous trademarks

    Protecting trademarks that enjoy a reputation is a sensitive aspect of trademark law practice and doing so in France
    is no exception. A review of both the statutes and case law is needed to draw a clear picture of the French approach

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  • Well-known and famous trademarks

    Following an amendment to the law in 2005, procedures allowing rights holders to apply for declarations that
    their marks are famous or notorious in Mexico finally came into effect in late 2007. Rights holders and their
    advisers must be aware of the important distinctions between these two types of mark

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