Analysis: Legal

Philip Morris Korea win highlights importance of royalties documents

Trademark experts explain the importance of distinguishing the kinds of intellectual property that royalty payments are for when importing raw materials into South Korea.

Philip Morris Korea win highlights importance of royalties documents
New Zealand far-right group’s use of certification mark demonstrates importance of politically minded enforcement
25 Feb 2021

New Zealand far-right group’s use of certification mark demonstrates importance of politically minded enforcement

WTR spoke to brand experts on what recourse Buy New Zealand Made has available, as well as when entering the political fray is necessary to protect a mark’s reputation.

“A regressive step” – outcry at new Indian government bill to abolish IP Appellate Board
19 Feb 2021

“A regressive step” – outcry at new Indian government bill to abolish IP Appellate Board

The lower house of Indian Parliament has introduced a "surprise" bill that proposes to abolish India’s IP Appellate Board, a move that could have a profound impact for domestic and international trademark owners.

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4 Mar 2021

Madagascar: the air of mystery extends to trademarks

Obtaining a trademark registration can be very difficult and expensive in Madagascar, as demonstrated by a recent case. Read more

2 Mar 2021

Nigeria’s Trademark Opposition Tribunal finally set in motion

The long-awaited Trademark Opposition Tribunal - which was announced as far back as June 2019 by the Federal Ministry of Industry, Trade and Investment - has finally been commissioned. Read more

26 Feb 2021

Trademark implications of the Consolidated Appropriations Act 2021

Late last year the US Congress signed the Consolidated Appropriations Act 2021 into law. This act incorporates the Trademark Modernisation Act 2020, which includes many notable revisions to the Lanham Act. Read more

24 Feb 2021

New regulations set to alter enterprise name registration in China

China has amended its Regulations on the Administration of Enterprise Name Registration, which will come into effect on 1 March 2021. The updated regulations offer several provisions that rights holders can use to prevent businesses piggybacking on their reputation. Read more

18 Feb 2021

CNIPA issues first batch of guiding cases

The release of the guiding cases has been hailed as a signal that precedents are carrying increasing weight in judicial and quasi-judicial practice in China. Read more

16 Feb 2021

Duke professors accuse their own university of trademark bullying

A new paper argues Duke University is the biggest trademark bully of all US universities and argues the immorality of an educational establishment taking such a strategy. Read more

15 Feb 2021

Revised Trademark Examination Manual: key points highlighted

On 28 January 2021 Thailand’s Department of Intellectual Property unveiled the first draft of the updated Trademark Examination Manual. This update highlights the main points of interest for trademark owners and practitioners. Read more

15 Feb 2021

81,000 ‘.eu’ domain names hang on the Brexit precipice

EURid has announced that it had suspended over 81,000 ‘.eu’ domain names held by registrants citing GB/GI as country code pursuant to the end of the United Kingdom’s 11-month Brexit transition period. Read more

11 Feb 2021

Kazakh Customs introduces online customs watch applications

Amendments to the Kazakh customs legislation have entered into force, introducing an online application system that is expected to significantly reduce the average timeframe for preparing and filing a customs watch application. Read more

9 Feb 2021

EA reveals plans to revive college football video game franchise as focus on NCAA rules intensifies

Electronic Arts plans to relaunch its popular EA Sports college football video game franchise, but without student-athlete names, images and likenesses (NIL). However, the NCAA NIL regime is on the cusp of change. Read more

8 Feb 2021

Revocations and damages: the 2020 China decisions shaping trademark practice

Continuing our two-part overview of key decisions in China in 2020, we explore decisions on revocations for non-use and those illustrating the raising level of financial compensation awarded by the courts. Read more

8 Feb 2021

The China trademark cases you need to know about

Wanhuida Intellectual Property partners Huang Hui and Paul Ranjard outline a number of important decisions addressing trademark refusal, oppositions and invalidations on relative grounds handed down in 2020. Read more

4 Feb 2021

INTA urged to push US Congress to bar trademark registration for obscene language and imagery

A new academic paper has called on the US Congress to pass legislation that will deny trademark registration for specific categories of vulgar, profane and obscene language and imagery. Read more

4 Feb 2021

Eurasian integration in the IP sphere: ratification begins for the EAEU Treaty on Trademarks, Service Marks and Appellations of Origin

President Putin has signed Russia’s ratification of the Eurasian Economic Union (EAEU) Treaty on Trademarks, Service Marks and Appellations of Origin, with the remaining EAEU member states expected to follow suit early this year. Read more

28 Jan 2021

Juventus striker Paulo Dybala settles long-running image rights dispute

The player has settled an International Court of Arbitration (ICC) dispute worth around €35 million with his former agent. Read more

28 Jan 2021

New UK customs notification procedure following Brexit departure from EU system

The United Kingdom has introduced a new procedure for notifying UK IP rights to the customs authority. As with many Brexit changes, the immediate effect is administrative, but with little substantive change. Read more

27 Jan 2021

Rise of covid trademarks: study reveals “tsunami of applications” related to pandemic

A major new study has revealed the “unprecedented” number of US trademark applications related to covid-19 filed between the onset of the pandemic and the end of 2020. Read more

25 Jan 2021

Strengthened IP protection in China: key amendments highlighted

Recent amendments to the Patent Law, Copyright Law and Criminal Law demonstrate the state’s commitment to strengthening IP protection in China, and to adapting to the advancements of society and technology. Read more

25 Jan 2021

Good news for IP owners as several IP treaties are reinstated in Venezuela

In a welcome development for IP rights owners, late last year SAPI announced the direct application of the TRIPS Agreement and other international IP treaties in Venezuela. Read more

21 Jan 2021

Swissness – recent developments in the protection of the ‘Swiss’ brand

Following a recent evaluation of the Swissness legislation, which came into force four years ago, the Federal Council has noted that there is no need to revise the legislation, but there is still a need for action and enforcement - particularly abroad. Read more

15 Jan 2021

Protocol on Eurasian design patents to enter into force in March 2021

The Protocol on the Protection of Industrial Designs to the Eurasian Patent Convention will enter into force for Kyrgyzstan, Azerbaijan and Armenia on 17 March 2021. Read more

14 Jan 2021

The digitalisation of trademark records in Nigeria: urgent need for action

While an online filing platform was introduced at the Trademark Registry in 2012, all other stages of processing applications are still conducted manually - and the problems linked to these manual processes only became more pronounced during the recent lockdown. Read more

7 Jan 2021

US trademark litigation levels slump in 2020: most active law firms revealed

This time last year, we reported that trademark litigation filings in federal district courts had hit a four-year high, outpacing patent cases for the second straight year. However, 2020 was very different. Read more

5 Jan 2021

Picking up the pace? Covid-19 exceptions to expedite trademark applications in Canada

In response to the covid-19 pandemic, the Canadian Trademarks Office is now accepting requests to expedite examination of trademark applications that cover goods or services relating to the prevention, diagnosis, treatment or cure of covid-19. Read more

4 Jan 2021

New year, same wait for WHOIS data access clarity as governments look to exert pressure

While efforts to develop a global access system for WHOIS data continue, recent developments in the United States and the European Union suggest that governments are willing to require more of registries and registrars. Read more

4 Jan 2021

Major police raid in clandestine workshop finds counterfeit packages filled with detergent powder of unknown origin

In this significant enforcement action, the Peruvian police seized counterfeit packages bearing several registered trademarks and logos, including Procter & Gamble’s ARIEL mark. Read more

4 Jan 2021

The secret lives of trademark examiners: insights into five IP offices

Hard-working representatives from registries in Canada, France, Singapore, the United Kingdom and the United States reveal what makes them tick and how to guarantee a successful trademark application in their jurisdiction. Read more

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