Analysis: Legal

Team building, budget management and Brexit preparations: lessons from TMAP 2019

INTA’s annual Trademark Administrators and Practitioners meeting was held in Europe for the first time this week. WTR was on hand for the event, which presented a number of key takeaways on trademark management and team development.

Team building, budget management and Brexit preparations: lessons from TMAP 2019
18 Sep 2019

Trademark litigation in Brazil: 12 key questions answered

In the second part of this focus on enforcement in Brazil series, 12 key questions on litigation processes and strategies are answered.

17 Sep 2019

Five counterfeit hotspots that you should be aware of in Chile

For the next edition of our series on physical marketplaces around the world that reportedly engage in the trade of counterfeit goods, we head back to Latin America and focus on Chile. 

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17 Sep 2019

Peruvian authorities crack down on counterfeiters: huge raid conducted in Lima shopping centre

The Peruvian authorities have recently carried out one of the biggest-ever strikes against counterfeiters, raiding 120 informal establishments in the Polvos Azules shopping centre, a hotspot for fakes in Peru. Read more

17 Sep 2019

Strategies and pitfalls with fees under Canada’s new trademark regime

On 17 June 2019 significant amendments were introduced to the Trademarks Act with a view to bringing Canada’s trademark regime into line with the Nice Agreement, among others. This update provides some fee-based strategies to use under the amended act. Read more

11 Sep 2019

Calling for corrections: India IP office requests reports of trademark certificate errors

Intellectual Property India has issued a notice calling on rights holders to notify it of errors on historical trademark certificates. One market expert tells WTR of the headaches that some rights holders have faced due to errors.  Read more

10 Sep 2019

Taking the Pisco: protecting regional products

The discussion of geographical indications (GIs) in Australia has recently heated up as IP protection is a focus of the forthcoming Australia-EU Free Trade Agreement. Here is what Australian producers need to know. Read more

6 Sep 2019

New law creates protection for historical trademarks but fails to define key measures

A new law that introduced enhanced protection for Italian-sounding terms, as well as a new category for historical trademarks of national interest, risks alienating foreign investors and conflicting with the Italian Constitution, as well as EU law, due to a lack of definition.  Read more

6 Sep 2019

“Rational and forward-thinking” – CJEU rules cases of online trademark infringement can be held in consumer’s jurisdiction

Reaction to the Court of Justice of the European Union ruling in favour of plaintiffs suing online infringers in the member state they acquired the product.  Read more

5 Sep 2019

Trademarks and Thailand’s new medicinal cannabis sector

Under the new Thai regime for medicinal cannabis, it appears that applications for goods related to cannabis for medical purposes are proving acceptable, while those made up of words or images relating to cannabis are not. Read more

4 Sep 2019

Scotch Whisky Association responds to groundbreaking Singapore GI decision

A new Singapore High Court decision involving the use of the term ‘tartan’ on whisky bottles has clarified the limits of the country’s 1999 Singapore Geographical Indications Act. Talking exclusively to WTR, the Scotch Whisky Association describes the decision as “very welcome”. Read more

14 Aug 2019

Nigerian Trademark Registry: recent developments expected to benefit IP system

Developments that have taken place at the Nigerian Trademark Registry over the past few months have been widely welcomed by the trademark community. Among other things, it is hoped that the establishment of the new Trademark Tribunal will speed up opposition proceedings. Read more

14 Aug 2019

Matters to be addressed in future revision of Trademark Law

Earlier this year, China’s Trademark Law was rapidly revised without public consultation. This update analyses what remains to be done and what a fifth revision of the Trademark Law should cover. Read more

14 Aug 2019

How China is cracking down on malicious filings with amendments to the Trademark Law

In recent years China has attached unprecedented importance to the protection of trademarks and new amendments to the Trademark Law aim to crack down on malicious trademark applications more effectively and punish trademark infringement more forcefully. Read more

9 Aug 2019

Key changes proposed under Singapore’s Intellectual Property (Dispute Resolution) Bill

Singapore’s Intellectual Property (Dispute Resolution) Bill proposes significant changes to the IP dispute resolution regime and could affect all rights holders’ enforcement and protection strategies. Read more

7 Aug 2019

Significant amendments to the Regulation on the Implementation of the Industrial Property Code

Important amendments to the Turkish Regulation on the Implementation of the Industrial Property Code were published in the Official Gazette on 8 July 2019. Read more

5 Aug 2019

Draft regulations cement China’s emerging position on tackling infringement

Draft regulations from the National Development and Reform Commission formalise China's changing stance on asserting punitive damages for IP rights infringement. The regulations are open for public comment until 12 August 2019. Read more

1 Aug 2019

Practical implications of the new EU Copyright Directive

The new EU Copyright in the Digital Single Market Directive has significant potential for content creators and publishers – but the nuances of the new rules must be properly understood. Read more

1 Aug 2019

Best practice in litigation strategies: global perspectives

Trademark experts from around the world offer practical guidance on how to maximise the chances of litigation success in their jurisdiction. Read more

31 Jul 2019

Uzbekistan introduces criteria for determining whether trademark is well known, transfers IP office appeal board to Ministry of Justice

A resolution which entered into force in Uzbekistan on 2 July 2019 introduces criteria for determining whether a trademark is well known. The resolution also brings the Board of Appeal of the Intellectual Property Office under the jurisdiction of the Ministry of Justice. Read more

31 Jul 2019

Plucked wings: breaking down the CJEU’s invalidation of two Red Bull colour trademarks 

A protracted case came to a close this week when Red Bull’s appeal to the Court of Justice of the European Union was dismissed. One of the intervenor’s representatives told WTR that the decision should not have any direct impact on existing colour marks. Read more

30 Jul 2019

Geographical indications on the horizon in Russia

The Duma has passed a bill with provisions clarifying the requirements for geographical indications on its final reading, a new and long-awaited IP development in Russia. Read more

29 Jul 2019

New dawn in Nigeria: evolution of the trademark ecosystem in Africa’s biggest economy

Nigeria has long been a challenging jurisdiction in which to obtain and enforce registered trademark rights. Recent changes represent significant and positive steps forward, as issues are finally being addressed. Read more

29 Jul 2019

The top filers and a vision for the future: inside EUIPO operations

Less than a year into Christian Archambeau’s tenure as executive director, the EUIPO is laying the groundwork for future expansion. World Trademark Review’s annual focus on the office assesses current operations, reveals the most proactive filers and explores how the agency is taking a global view of trademarks. Read more

29 Jul 2019

Myanmar transforming: the state of the legal market and how IP law firms can capitalise

Following the signing of major legislation, Myanmar’s IP environment is on the cusp of transformation. We provide an insider’s view on how law firms can position themselves to capitalise on inbound work from major international brands. Read more

29 Jul 2019

Non-traditional marks in Latin America: the current landscape

The acceptance of non-traditional trademarks has increased in most Latin American jurisdictions in recent years. We provide an overview of the current state of play. Read more

29 Jul 2019

National treatment: overcoming obstacles to appealing TRAB decisions at the Beijing IP Court

The principle of national treatment may hinder the ability of some foreign companies to exercise their right to appeal Trademark Review and Adjudication Board decisions to the Beijing IP Court. However, there are various strategies that foreign companies can employ to overcome the hurdles that they face. Read more

29 Jul 2019

CBD-infused food and beverages: in the crosshairs for a food labelling class action?

With the regulatory gap in food and beverage labelling yet to be bridged, the legal landscape for manufacturers looking to enter the hemp-based cannabidiol market remains murky. Read more

25 Jul 2019

Non-traditional marks in Latin America: close-up on Colombia

The acceptance of non-traditional trademarks has increased in most Latin American jurisdictions in recent years. We provide an overview of the current state of play in Colombia.     Read more

24 Jul 2019

New dawn for trademarks in Nigeria – all eyes are on regime overhaul

IP protection in Africa’s largest economy is undergoing major changes, as Nigeria’s new Trademarks Registry launches a set of ambitious plans to ensure that the country’s trademark regime is fit for purpose in the globalised world. Read more

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