Analysis: Legal

Sun sets on Sunrise B as AdultBlock rises to the occasion

Sunrise B, the programme that enabled trademark holders to block their brands for a period of 10 years in the adult-themed ‘.xxx’ TLD, is set to come to an end. In its place, the ‘.xxx’ Registry is introducing two levels of protection: AdultBlock and AdultBlock+.

14 July 2021

Foreign companies as IP holders in Ecuador

Third-party appropriation of internationally famous trademarks is a problematic phenomenon in Ecuador. Some clarification by the Court of Justice of the Andean Community would arguably be welcome.

14 July 2021

CIS members sign new agreement on prevention and repression of the use of false trademarks and GIs

The CIS member states have signed the Agreement on Cooperation in the Prevention and Repression of the Use of False Trademarks and Geographical Indications, which will replace the existing agreement dated 4 June 1999.

12 July 2021

New CNIPA and SAMR guiding opinions signal better protection for GIs

The China National Intellectual Property Administration and the State Administration for Market Regulation have published guiding opinions on further strengthening the protection of geographical indications, which came into effect on 21 May 2021.

08 July 2021

Kenya and Uganda update: deadlines that trademark owners should be aware of

Some deadlines are fast approaching for owners of expired trademark registrations in Kenya and Uganda.

08 July 2021

A new chapter at the CNIPA: cracking down on trademark squatting

The CNIPA has released a revised draft of the Trademark Adjudication and Examination Criteria, which introduces a new chapter on the examination of “bad-faith trademark registrations not for the purpose of genuine use”.

02 July 2021

Wrongful versus fair use in India: how a news outlet spat reinforced the boundaries

A recent dispute between two Indian media companies over the use of trademarks in news reporting has reinforced the country’s approach to fair use.

25 June 2021

Geographical indications in Venezuela: latest developments

Although Venezuela has withdrawn from the Andean Community, which is having a negative impact on filing GIs, recent developments in the procedure for protecting GIs suggest that the practice may be on its way up.

25 June 2021

Proposed amendments: a wider protection for GIs and clearer rules regarding the registration of trademarks and company names in bad faith

Proposed amendments to the Swedish Trademarks Act aim to bring it into line with the CJEU’s latest case law on bad faith, and to provide enhanced protection to geographical indications and designations of origin.

24 June 2021

“The NCAA is not above the law”: Supreme Court opinion on amateurism in college sports set to intensify NIL rights debate

The US Supreme Court has ruled against the NCAA and decided that a district court injunction pertaining to its rules limiting the education-related benefits that schools make available to student athletes is consistent with established antitrust principles.

22 June 2021

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