Analysis: Legal

European Union to accede to Geneva Act; Brexit uncertainty means United Kingdom poised to become GI battleground

The European Parliament's Legal Affairs Committee has endorsed the European Union acceding to the Geneva Act – a move that could propel the issue of geographical indications back to the top of the trade deal agenda as the United Kingdom looks to its post-Brexit future.  

European Union to accede to Geneva Act; Brexit uncertainty means United Kingdom poised to become GI battleground
14 Mar 2019

LegalForce founder takes aim at USPTO as attorneys come out in support of proposed change to representation rules

While most public comments on the USPTO’s proposed change to representation rules are in support, there is one significant dissenting voice in LegalForce founder Raj Abhyanker.

7 Mar 2019

How to manage a Fortune 30 trademark portfolio with a lean team: Phillips 66 exclusive

Managing the trademark portfolio of a Fortune 30 company with a lean in-house team poses a distinctive set of challenges, as Craig Stone, senior IP counsel at oil and gas giant Phillips 66 Company, explains to WTR.

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22 Mar 2019

Review your IP arrangements: IP exemption from competition laws soon to be repealed

Section 51(3) of the Australian Competition and Consumer Act, which exempts conditional licensing or assignment of IP rights from most of the prohibitions on cartel conduct, is due to be repealed. Businesses are strongly urged to review their IP arrangements to ensure that they comply with the competition laws. Read more

15 Mar 2019

OAPI announces significant changes to the system

The African Intellectual Property Organisation authorities have announced significant changes to the legislation that underpins the OAPI system, the Bangui Agreement. Read more

12 Mar 2019

KIPO amends trademark examination guidelines – key changes highlighted

The Korean Intellectual Property Office has amended its trademark examination guidelines, effective as of 1 January 2019. This update reviews the main points of interest for trademark owners and applicants. Read more

11 Mar 2019

China looking to hold accountable not only trademark squatters, but also facilitating agents

The recent publication of a discussion paper seems to signal a stricter approach by the IP authorities to tackle the problem of parties taking unfair advantage of the system in China at the expense of genuine rights holders.    Read more

8 Mar 2019

New Uzbekistan resolution aims to strengthen enforcement efforts

The Uzbek government has signed a resolution to tackle the urgent issue of trademark squatting of global brands. The resolution makes significant changes to how trademarks are registered and protected in the country. Read more

7 Mar 2019

New trademark law enters into force - what you need to know

A new Law on Trademarks, which aims to transpose Directive 2015/2436 into the national legislation, entered into force in Croatia on 15 February 2019. This update highlights the key changes for trademarks owners and applicants. Read more

5 Mar 2019

Hungary amends trademark legislation: key changes highlighted

Act LXVII, which amends a number of industrial property laws in order to transpose Directive 2015/2436 into the national legislation, has entered into force in Hungary. This update reviews the main amendments introduced by the act.   Read more

4 Mar 2019

New Brexit guidelines give reassurance to rights holders, but attorneys’ rights remain uncertain

New guidelines reaffirm the UK's commitment to protecting existing EU trademarks and to recognising the priority date of pending European applications. But UK attorneys remain none the wiser about their EUIPO rights of representation. Read more

1 Mar 2019

Customs recordals now possible in Kenya

As a result of a recent amendment to the Anti-counterfeiting Act, Kenya now has a system of recording trademarks with the customs authorities. Under the new system, the Anti-counterfeit Agency will be able to stop the import of counterfeit goods at ports of entry. Read more

27 Feb 2019

Comprehensive and Progressive Agreement for Trans-Pacific Partnership introduced in Vietnam: impact on current IP regulations

The Comprehensive and Progressive Agreement for Trans-Pacific Partnership came into effect in Vietnam on 14 January 2019. The requirement that a trademark licence agreement must be registered in order to take effect against third parties will be removed. Read more

26 Feb 2019

Trademarks (Amendment) Bill 2019 gazetted - what you need to know

The Trademarks (Amendment) Bill 2019, which empowers the registrar to make essential procedural rules to implement the Madrid Protocol in Hong Kong, was gazetted on 8 February 2019. Read more

22 Feb 2019

Supreme People’s Court’s Regulations on Act Preservation for Intellectual Property Disputes – key points explained

In a welcome development for IP owners, the Regulations on Act Preservation for Intellectual Property Disputes, which provide clear and specific guidance on how to apply for an act preservation order, came into effect in China on 1 January 2019.   Read more

21 Feb 2019

Why every trademark lawyer should spend time in-house: exclusive interview with Bacardi’s Anna Panka

While legal know-how is critical for law firm practitioners, an understanding of the corporate business environment should not be underestimated. That is the message conveyed by Anna Panka, senior counsel at Bacardi, in an exclusive interview with WTR. Read more

21 Feb 2019

Industrial Design Law adopted by Parliament - key points highlighted

The Myanmar Industrial Design Law was passed by the Assembly of the Union on 30 January 2019 following its adoption by the Lower House and the Upper House. This update reviews the main points that industrial design owners should be aware of. Read more

20 Feb 2019

The birth of North Macedonia: what will be the impact on intellectual property?

Following the ratification of the Prespes agreement by the Greek Parliament, the official name of the Republic of Macedonia will change to the Republic of North Macedonia. While there is no immediate impact on IP rights, rights holders and applicants will soon have to take the name change into account. Read more

18 Feb 2019

Agencies and individuals to be targeted in proposed China crackdown on malicious applications

The CNIPA has revealed plans to curb malicious trademark applications, with both individuals and trademark agencies that file such applications in its sights. The plans have been characterised as “undoubtedly good news for trademark owners" by a leading legal expert in the country. Read more

15 Feb 2019

New Trademark Law: mark owners must be prepared

Myanmar’s Trademark Law was passed by the Assembly of the Union on 30 January 2019. Importantly for mark owners, marks registered under the current system must be re-applied for once the law enters into force, otherwise they will lose their validity.     Read more

13 Feb 2019

Hungary amends official fee structure and amounts for trademark-related services

A new fee structure for trademark-related services has entered into force in Hungary. Official fees have decreased for services related to trademarks registered in one class only, but have increased for trademarks registered in two or more classes. Read more

11 Feb 2019

New domain name dispute resolution policy to be launched - what you need to know

In a welcome development for trademark owners, a new policy for the resolution of domain name disputes under the ‘.ua’ TLD will be launched on 19 March 2019.   Read more

11 Feb 2019

The evolution of Airbnb’s trademark strategy, and what it means for law firm collaborations

Alica Del Valle, lead counsel for IP, marketing, PR and content at Airbnb, expands on the Silicon Valley company’s fast-changing trademark strategy, what it demands from law firm partners and the creation and protection of its Chinese brand, Aibiying. Read more

7 Feb 2019

Public prosecutors will no longer issue legal opinions in contentious-administrative civil actions related to trademarks

Following a recent amendment to Law No 27584, which regulates contentious-administrative civil actions in Peru, it is expected that cases will be resolved more quickly and efficiently. Read more

7 Feb 2019

Cost control starts with knowledge: insights into benchmarking fees and costs

When managing the brands of hundreds of companies, it can be frustrating that the actual costs of securing and protecting rights are effectively opaque. In such an environment, benchmarking comes into its own. Read more

6 Feb 2019

Winning compensation through compulsory enforcement in China

A court victory, while welcome, is often just the start of the battle against infringers, with compensation hard to recover. However, there are tools available to rights holders seeking to enforce judgments. Read more

5 Feb 2019

Thailand poised to adopt plain packaging for tobacco products

The Thai Ministry of Public Health’s National Tobacco Control Committee has approved a draft regulation requiring plain packaging to replace all current packaging for tobacco products. The change will make Thailand the first country in Asia to adopt plain packaging legislation. Read more

5 Feb 2019

A trademark revolution in Myanmar: rights holders warned to prepare for new law

The trademark environment in Myanmar is on the verge of wholesale transformation following the signing into law of new legislation by the country’s president. Read more

4 Feb 2019

Consumer Protection Bill will transform landscape for celebrity endorsements

The new Consumer Protection Bill would introduce liability for celebrity endorsers who fail to carry out sufficient due diligence before endorsing goods or services - although the bill is silent as to what this actually entails. Read more

29 Jan 2019

The Gleissner Files 2019: brand owners warned as IP office reveals staggering number of trademark applications

A major investigation by WTR can reveal that entrepreneur and serial trademark filer Michael Gleissner has stepped up his IP activity in recent months, with over 100 applications filed so far this year. Read more

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