WORLD TRADEMARK REVIEW Issue 7

Digging deep for true brand value

There is nothing new in listings that purport to show
the world’s most valuable brands. But in the eyes of
many, what they have lacked up to now is real
technical credibility. However, a recently released
evaluation study is much more detailed and
comprehensive than what has come before

David Haigh and Michael Rocha

Columns

The view online‘.asia’ prepares for summer launch

The latest regional domain, ‘.asia’, is
gearing up to launch. Mark owners
should be aware of the registration rules
and schedule to make the most of this
new space – and avoid leaving the door
open to cybersquatters

Trademark managementWhat to expect from the well-known marks doctrine

The well-known marks doctrine provides
some protection to owners of well-known
unregistered or foreign marks. However,
mark owners should be aware that not all
countries apply the doctrine to the same
degree

Counterfeiting perspectivesShowdown at the WTO

The Bush administration has initiated
proceedings against the Chinese at the
World Trade Organization in Geneva
over inadequate enforcement of IP rights.
In doing so it has raised the stakes
considerably

Brands from the frontlineThe rollercoaster of pharmaceutical mark development

Trademark clearance is a thankless
business: after spending hours preparing
or reviewing search reports and opinions,
the only satisfaction the trademark
counsel often has that the mark was the
right choice is if no objection is raised
or lawsuit filed against the mark and
he or she never hears about the mark
again. This is true of all trademarks,
but even more so of pharmaceutical
marks, for which clearance involves
extra steps and hurdles

Features

An infamous business proposition

Policing one’s trademark rights from misuse by third
parties is a legitimate exercise to prevent the mark
from becoming generic. But some unscrupulous
parties abuse the law

Branding the invisible

Today Intel is one of the best-known companies on
the planet. While cutting-edge technology has played
a large part in its success, fame has also been driven
by an innovative and ambitious branding strategy

The United Arab Emirates: a centre for Middle East trademark protection

A key trade hub, a booming economy and a commitment
to protecting IP rights mean that the UAE is an important
jurisdiction in which to register and enforce trademark
rights. The creation of a new IP Unit at Dubai Customs is
a further sign that the UAE is getting tough on infringers

Gearing up to becoming an IP nation

The Japanese government’s ambition to achieve
economic growth through the development of
intellectual property puts a lot of pressure on the
country’s IP office

Rising sun still shining on Japan’s trademark practitioners

Increasing inbound registrations via the Madrid
Protocol have seen the level of foreign-originating
trademark work entering Japan diminish over the
past few years. However, the local Japanese market
remains strong

The Madrid Protocol – mysteries and myths

2006 was a bumper year for trademark registrations, particularly registrations made using the
Madrid Protocol. However, the impressive figures conceal a lingering mistrust of the protocol in some
non-signatory countries, suggesting that there are still several myths and misapprehensions
surrounding the protocol that need to be dispelled

Taking a match to Fortress Europe?

Earlier this year the Court of Appeal of England and
Wales upheld – seemingly for the first time – an
‘inferred consent’ defence in a parallel import case.
Is this a cause for concern for brand owners?

News

Letter to the editor

I am writing in response to
articles that have appeared
recently – including in your
sister publication World
Trademark Report on March 21
– criticizing Part IV of the
Russian Civil Code, which will
come into force on January 1
2008. So is the law an outright
failure or do the critics miss
the point?

News

Roundtable

Staying ahead in the Rainbow Nation

South Africa is a key jurisdiction for most multinational companies with
interests in Africa. Three specialist practitioners explore some of the
issues currently facing trademark owners in the country