Analysis: Legal

Fighting fraudulent filings is the USPTO’s priority: an ex-examiner’s perspective

A former USPTO examiner suggests that the examining criteria for specimens has now become too stringent and is potentially harming smaller businesses.

Fighting fraudulent filings is the USPTO’s priority: an ex-examiner’s perspective
The two laws set to shake up the Kenyan IP system in 2021
25 Nov 2020

The two laws set to shake up the Kenyan IP system in 2021

The latest legislative reforms in a series of ongoing improvements to the national IP regime offer welcome news for rights holders in Kenya.

Amazon launches IP Accelerator in Europe as commission reiterates plan to clarify platform obligations
25 Nov 2020

Amazon launches IP Accelerator in Europe as commission reiterates plan to clarify platform obligations

The European Commission has published an IP action plan, signalling its intention to review EU legislation on design protection, strengthen the protection of GIs and oblige platforms to act on illegal content and goods.

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25 Nov 2020

Trademark Registry releases two more Trademark Journals

As the covid-19 pandemic continues to cause severe disruption to economies and businesses around the world, Nigeria’s Trademark Registry has defied the odds and released a record number of Trademark Journals. Read more

24 Nov 2020

Michael Gleissner: massive scope of trademark and domain portfolio revealed in exclusive data

A major new investigation from WTR has identified over 6,800 trademarks and 6,900 domain names that appear to be related to multi-millionaire and serial trademark filer Michael Gleissner. Read more

24 Nov 2020

Upcoming improvements to Uzbekistan’s IP rights protection system: what you need to know

The president of Uzbekistan has recently announced various measures aiming to improve the system of IP rights protection in the country - including an initiative intended to protect well-known international brands against copycat applications. Read more

20 Nov 2020

Stricter penalties introduced for most serious IP infringement cases

Stricter penalties for the most serious cases of IP infringement have entered into force in Sweden, increasing the range of punishment to imprisonment for a maximum of six years. Read more

17 Nov 2020

Armenia, Azerbaijan and Kyrgyzstan ratify protocol on Eurasian design patents

The protocol, which was adopted by Eurasian Patent Organisation member states in September 2019, introduces the Eurasian system for the protection of industrial design patents. Read more

16 Nov 2020

“Should we conclude that trademarks are for losers?”: takeaways from the Banksy case

In this guest analysis, Bristows’ Simon Clark and Lucie Fortune take a closer look at a recent case involving artist Banksy and consider the takeaways for artists looking to register representations of their artworks as EU figurative marks. Read more

13 Nov 2020

Amazon sues influencers over fakes, renews call for social media companies to step up

Amazon has filed a lawsuit against 13 individuals and businesses for promoting and facilitating the sale of counterfeit luxury goods in its store. Read more

12 Nov 2020

Competition watchdog launches register of IP rights infringers

In order to raise awareness of the potential liabilities associated with manufacturing IP-infringing products, Uzbekistan’s competition watchdog has launched a register of businesses found liable for unfair competition practices involving IP rights infringement in 2020. Read more

11 Nov 2020

A new era for domain names under the ‘.tr’ extension

Turkey will soon have a new system for registering and regulating ‘.tr’ domain names. Among many other changes, the ‘.tr’ Network Information System - or TRABIS - allows domain name sales transactions and it will be possible to use dispute resolution service providers. Read more

10 Nov 2020

Improvements to Indonesia’s IP regime amidst covid-19 outbreak boost trademark applications

The Directorate General of Intellectual Property has taken progressive steps to accommodate the needs of IP owners during the covid-19 outbreak, resulting in a higher volume of registrations. Read more

9 Nov 2020

New rules for the resolution of administrative disputes in Russia: key points for rights owners and practitioners

The new “Rules for Consideration and Resolution of Administrative Disputes by the Federal Service for Intellectual Property”, which entered into force on 6 September 2020, may lead IP rights owners to reconsider their defence strategies in Russia. Read more

5 Nov 2020

Four new states legalise recreational cannabis: what it means for brands

US election changes to cannabis and hard drug laws alter the legal landscape, but questions remain as to how they open up the trademark market. Read more

4 Nov 2020

Crossing the Zambezi: key issues for brand owners following the completion of the Kazungula bridge

The recent completion of the Kazungula bridge between Botswana and Zambia creates new opportunities - but with opportunities come threats. This update discusses trademark matters in the two countries joined by the bridge, and raises some issues that brand owners need to be aware of due to the new transport link. Read more

28 Oct 2020

WHOIS, the RPM review and future gTLD rounds: takeaways from ICANN 69

In this guest analysis, experts from Winterfeldt IP Group present key takeaways from ICANN 69, including on WHOIS data access, the RPM review and future gTLD rounds. Read more

28 Oct 2020

Criminal action filed for tampering with Huawei mobile phones

Following the seizure of Huawei mobile phones in Lima, the prosecutor has filed a criminal claim before a specialised court on the grounds that the defendant had tampered with the phones in a manner detrimental to Huawei Technologies Co Ltd. Read more

27 Oct 2020

New CNIPA standards provide clear guidance on prior use defence

The China National Intellectual Property Administration’s new “Standards for Determining Trademark Infringement” provide specific guidelines on how to identify trademark infringement. In particular, Article 33 of the standards provides detailed rules regarding the prior use defence. Read more

26 Oct 2020

Uganda launches National Intellectual Property Policy

Uganda has officially launched its National Intellectual Property Policy, which sets out the country’s strategies with regard to IP rights with the aim of achieving its socio-economic development goals. Read more

22 Oct 2020

US Supreme Court urged to rule on treatment of parody after Jack Daniel’s petition

If the court grants certiorari, it will once again be weighing in on a case that reconsiders how free speech interplays with commercial trademark rights. Read more

19 Oct 2020

“The more you go against networks, the bigger difference you make”: inside Amazon’s Counterfeit Crimes Unit

On the final day of WTR Connect last week, Amazon’s Cristina Posa took part in a fireside chat which delved into the e-commerce giant's Counterfeit Crimes Unit’s mission, make-up and approach. Read more

14 Oct 2020

Venezuela IP office renders its own resolutions null and void

The Venezuelan IP office has rendered a set of its own resolutions - published earlier this year - null and void on the grounds that they had been made by an incompetent authority and were therefore unconstitutional. Read more

13 Oct 2020

Being an ally is not enough, we need to be accomplices too: a candid discussion on diversity in the IP profession

Industry leaders from Blue Cross Shield, Greenberg Traurig, Harley-Davidson Motor Company and Walt Disney hit home at last week’s WTR Connect with a frank talk on why the trademark industry still has a way to go to improve representation across the board. Read more

12 Oct 2020

“An opportunity to break new ground” – why GI negotiations between Australia and EU could be positive, despite concerns

The FTA negotiations have Australia pressured to adapt an EU-centric geographical indication regime. Local experts tell WTR of the concerns felt by rights holders. Read more

12 Oct 2020

Are trademark sub-licensing models workable in India? Legal and practical considerations

Sub-licensing of trademarks is a common practice in India. However, there are questions over the legality of the practice. Read more

9 Oct 2020

Nine departments issue opinions to ensure the destruction of infringing and counterfeit products

The Opinions on Strengthening the Destruction of Infringing and Counterfeit Products – the result of cooperation between nine government departments – highlights how counterfeit products – and the tools used to manufacture them – should be destroyed. Read more

7 Oct 2020

ICANN turns to European Commission for GDPR clarity as WHOIS report continues to prove divisive

Since WHOIS effectively went dark in 2018, efforts have been underway to develop a model that allows access to data for legitimate and lawful purposes. However, the proposals issued by ICANN in August have come under criticism from the IP community. Read more

6 Oct 2020

The problem with likelihood of confusion: why EU trademark law should rely less on ‘real consumers’

A new study analysing trademark infringement cases in the European Union has found that third parties are “being forced to use less effective trademarks” due to an imbalance in EU trademark law. Read more

5 Oct 2020

The new online trademark filing platform in Nigeria: more questions than answers

The upgrade of Nigeria’s online filing platform for trademark, patent and design applications, which was initiated in August 2020, has so far raised more issues and concerns than solutions for applicants. Read more

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