Analysis: Legal

Safeguarding digitised India: everything you need to know about the Personal Data Protection Bill

This guest analysis provides insight into the debate over privacy and data in India, the country’s position in comparison with international efforts and what brands need to know about the ever-shifting environment.

Safeguarding digitised India: everything you need to know about the Personal Data Protection Bill
Cost over quality: what in-house counsel and foreign law firms are looking for in a Chinese partner
22 Sep 2020

Cost over quality: what in-house counsel and foreign law firms are looking for in a Chinese partner

WTR speaks to a range of market experts to uncover the key qualities that they look for in their Chinese trademark counsel – and why international practices may need to adapt if they are to remain competitive.

“We have to figure out how to recruit more lawyers of colour”: what US practices can do to better support minority-owned businesses
18 Sep 2020

“We have to figure out how to recruit more lawyers of colour”: what US practices can do to better support minority-owned businesses

A huge proportion of Black business owners are missing out on the vital tools they need to launch themselves into the market – reduced rates and pro bono advice are one way to help, but do they go far enough?

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28 Sep 2020

Ukraine amends its industrial design law: key points highlighted

Amendments to the Ukrainian industrial design law have entered into force, bringing about several significant changes - including the introduction of a new requirement for registrability and the possibility to include up to 100 designs in the same application. Read more

24 Sep 2020

Recent news from the Brazilian PTO: what you need to know

Trademark owners and practitioners should take note of two pieces of news - regarding the division of applications/registrations and trademark co-ownership - that the Brazilian Patent and Trademark Office recently published on its website. Read more

23 Sep 2020

Federal Circuit reveals a more colourful future for trademarks (for now)

A recent decision has created a new rule that colour marks used on product packaging can be inherently distinctive, although the bar is likely to be high. Read more

23 Sep 2020

A tale of cigarettes and alcohol: CJEU offers oasis for trademark owners

The Court of Justice for the European Union has shed further light on how far individuals can be held liable for the import of infringing goods, providing rights holders with a fresh weapon in the war against counterfeiting. Read more

23 Sep 2020

Island hopping in the Caribbean: the latest developments across a complex region

With no unified trademark system and a rich landscape of languages and practices, the Caribbean is a highly nuanced terrain with some potential pitfalls that brand owners and practitioners must navigate. Read more

23 Sep 2020

To catch a thief: how Hitchcock and AI can inspire brand owners to combat online piracy

Brand owners must think like today’s tech-savvy brand pirates in order to take them down – especially as counterfeiting rates have soared during the covid-19 crisis. Positively, there are a range of strategies they can adopt to do so. Read more

23 Sep 2020

Saudi Arabia: Building for the future

The Saudi Authority for Intellectual Property has become the new sole authority for all IP matters as part of plans to transform the kingdom’s economy. Read more

23 Sep 2020

A year of change and growth at the Japan Patent Office

The past 12 months have been challenging for all national IP offices, but the Japanese registry has overcome major hurdles while seeing a rise in trademark filings and implementing significant changes. Read more

23 Sep 2020

Then and now: assessing Canadian practice one year into the new regime

With significant changes to the Canadian trademark system taking effect last year, analysis of the landscape 12 months on reveals some important emerging nuances in practice. Read more

23 Sep 2020

ICANN’s upcoming UDRP review – opportunities and risks for brand owners

As ICANN’s review of the UDRP nears, brand owners need to get involved and have their say to ensure that anti-IP voices do not have a disproportionate effect on the process. Read more

23 Sep 2020

The Madrid Protocol in Indonesia: what you need to know

Indonesia’s membership in the Madrid Protocol has had a noticeable impact on several aspects of daily practice and on the IP office itself, with a number of important developments for trademark professionals to note. Read more

18 Sep 2020

Ukraine amends its trademark law – key changes highlighted

Amendments to the Ukrainian trademark law entered into force on 16 August 2020, bringing about several important changes. Here is what you need to know. Read more

17 Sep 2020

Getting teched up: an A-Z of the latest tools saving IP practices time and money

As trademark departments around the world feel the pinch of covid-19, we provide a breakdown of the digital services and software that in-house and private practitioners are recommending to increase efficiency and free up budget. Read more

17 Sep 2020

MESSI scores win over MASSI but legal expert laments CJEU’s “unfortunate” decision

The Court of Justice of the European Union has dismissed appeals against a judgment of the General Court authorising football player Lionel Messi to register the trademark MESSI for sports equipment and clothing. Read more

14 Sep 2020

Japan Patent Office vows to improve examination pendency

With the average wait time from application to final examiner decision almost doubling in the space of five years, the Japan Patent Office has set itself a new target and implemented much-needed measures to improve examination pendency in the region. Read more

14 Sep 2020

Lessons from a pandemic: long-term impacts on Canadian trademark practice

The Canadian Trademarks Office and the Federal Court of Canada have taken concrete steps to mitigate the effects of the covid-19 pandemic that have permanently changed trademark practice in Canada. Read more

14 Sep 2020

New decree brings clarity and stronger administrative sanctions against violations involving counterfeit and illegal goods

A new decree, which will come into force 15 October 2020, should help the work of Vietnam’s enforcement authorities when dealing with violations involving counterfeit and banned goods, both offline and online. Read more

11 Sep 2020

Intellectual Property Office amends official fee structure

Amendments to the regulation on fees charged by the Croatian Intellectual Property Office entered into force on 8 August 2020, amending trademark fees, introducing utility model fees and modifying patent examination fees. Read more

10 Sep 2020

Reducing legal risk when managing marks on global websites

This guest analysis provides best practices for marking trademark registrations on websites with global reach. Read more

9 Sep 2020

Regular reviews and stable budgets open the door for trademark service suppliers to attract new clients

A WTR survey reveals that customers of non-legal trademark service tools are regularly reviewing their processes and taking their business elsewhere – suggesting that there is an opportunity for suppliers to attract new clients if they can tap into unfulfilled needs. Read more

9 Sep 2020

The rise of K-beauty trademark filings

Trademark applications for cosmetics in Korea have increased by approximately 39.6% between 2014 and 2019, reflecting the rising global popularity of Korean products in general, including K-beauty, K-pop and K-dramas. Read more

8 Sep 2020

New guidelines set up advertising overhaul in India, including expectations of brand ambassadors

India’s newly-formed Central Consumer Protection Authority has issued extensive guidelines designed to regulate advertising and clamp down on misleading claims and practices. Read more

7 Sep 2020

Deliver or lose our custom: performance and reliability trump cost when it comes to reviewing trademark-specialist software

A recent WTR poll of trademark service users reveals that not only is innovation key to attracting new clients, when it comes to portfolio management and monitoring, pricing and billing options take a backseat to the performance and reliability of the systems on offer. Read more

4 Sep 2020

EUIPO joins WIPO Digital Access Service for EU registered design applications

In a welcome announcement, the EUIPO has confirmed that it is now possible for any submitted EU registered design application to be made available to the Digital Access Service run by WIPO. Read more

4 Sep 2020

Trademark filing under Myanmar’s new trademark law to begin on 1 October 2020

In a welcome development for trademark owners worldwide, the Myanmar government has announced that the soft opening period of the Myanmar Department of Intellectual Property under the new trademark law will begin on 1 October 2020. Read more

3 Sep 2020

What you need to know about the suspension of examinations in trademark administrative cases in China

Rights holders need to have an understanding of the nuances of examination procedures, including the circumstances in which examinations can be suspended in trademark administrative cases. Read more

3 Sep 2020

Several issues to be aware of in the battle against bad-faith trademarks in China

This update examines several issues of interest in the fight against bad-faith trademark applications in China, including whether the recently amended Article 4 of the Trademark Law can be used to oppose or invalidate a trademark if there is sufficient evidence of bad faith. Read more

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Colleen Flynn Goss
Partner
Cleveland OH, United States
Fay Sharpe LLP