Asia-Pacific

“A never-ending war”: top influencer on what brands should know about fakes in China

In an exclusive interview, the video creator behind the YouTube channel ‘C3 TheCollywoodLife’ explains why he started filming counterfeit goods in Chinese shopping centres.

“A never-ending war”: top influencer on what brands should know about fakes in China
18 Jan 2019

Vietnam to bolster GIs, US shutdown threatens IP, and Ethiopia launches online filing system: news digest

In our latest round-up, we look at a Japanese delegation visiting the French IPO, the Austrian Patent Office introducing animated marks, Rihanna taking her father to court, and much more.

15 Jan 2019

New Zealand opens GI nominations, INTA 2019 president, and Netflix CYOA dispute: news digest

In our latest digest, we look at INTA keeping the plain packaging battle alive, cannabis use legalised in South Africa, the liability of freight forwarders in Singapore, and much more.

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Today

Composite suit for design infringement and passing off is maintainable, holds Special Bench of Delhi High Court

Overruling an earlier decision of the Full Bench in a similar case, a Special Bench of the Delhi High Court has held in Carlsberg Breweries v Som Distilleries that a composite suit for design infringement and passing off may be maintained. Read more

16 Jan 2019

Blow for Horlicks as Delhi High Court rules in favour of Heinz in comparative advertising case  

The Delhi High Court has dismissed Horlicks’ application for an interim injunction against Heinz India, holding that an advertiser is allowed to make a comparison with other products as long as such comparison is true. Read more

14 Jan 2019

Gateway to fakes? Reps4You marketplace revealed as new threat to fashion brands

A major new online marketplace selling counterfeit goods launched last week, with some claiming the Reps4You platform could be a “good gateway” for users to buy fake goods for the first time. Read more

14 Jan 2019

Korea Customs Service announces amendments to IP rights protection guidelines

Late last year the Korea Customs Service issued an announcement regarding important proposed amendments to the IP rights protection guidelines. This update reviews the amendments which may have the greatest impact on brand owners. Read more

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Anti-counterfeiting

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7 Dec 2018

Turkey plain packaging, WIPO praises Pakistan IPO and '.amazon' up in the air: news round-up

In our latest round-up, we look at a tussle over BRENT marks in Singapore, a "worrying trend" of retail fakes in Papua New Guinea, a new UK IP minister, and much more. Read more

7 Dec 2018

Nine takeaways from Brand Strategy China

This week, WTR hosted the third annual Brand Strategy China in Shanghai, and we present best practice takeaways from the attending senior brand protection experts from the corporate and legal worlds. Read more

30 Nov 2018

Finnish IP office launches chatbot, Lazada signs MOU and JPO fakes campaign: news round-up

In our latest round-up, we look at luxury brands avoiding Black Friday discounts, Edible Arrangements filing a trademark lawsuit, a huge counterfeit haul in Paraguay, and much more. Read more

30 Nov 2018

Korea Customs Service's 2017 report on IP rights seizures: significant decrease compared to previous year

According to a report recently published by the Korea Customs Service, there were 7,263 customs seizures of counterfeit goods in 2017 – a 26% decrease compared to 2016. Read more

Brand management

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14 Jan 2019

Amazon and Toyota CEOs top male-dominated brand ambassador ranking

New study ranks corporate CEOs as brand ambassadors, with Amazon’s Jeff Bezos topping the list. The research highlights the gender disparity that exists at the higher echelons of company management. Read more

31 Dec 2018

Practical tips for battling bad-faith filers in China

Bad-faith filings are a major challenge in China; however, there are a number of tools available until further trademark regulation comes into force.  Read more

13 Dec 2018

“Sometimes you need a firm that will shoot from the hip”: insights from 7-Eleven’s Allison McDade

In an exclusive interview, Allison McDade shared her approach to tackling imitation convenience stores in Asia and explained the challenges stemming from the company’s expansion. Read more

4 Dec 2018

China drives global trademark registrations to new heights; challenges persist for brands

Newly released statistics from WIPO have revealed that 2017 was a record-breaking year in terms of trademark applications, spurred by massive growth in China – which is set to break the 8 million application barrier. Read more

Enforcement and litigation

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Today

Composite suit for design infringement and passing off is maintainable, holds Special Bench of Delhi High Court

Overruling an earlier decision of the Full Bench in a similar case, a Special Bench of the Delhi High Court has held in Carlsberg Breweries v Som Distilleries that a composite suit for design infringement and passing off may be maintained. Read more

16 Jan 2019

Blow for Horlicks as Delhi High Court rules in favour of Heinz in comparative advertising case  

The Delhi High Court has dismissed Horlicks’ application for an interim injunction against Heinz India, holding that an advertiser is allowed to make a comparison with other products as long as such comparison is true. Read more

14 Jan 2019

Korea Customs Service announces amendments to IP rights protection guidelines

Late last year the Korea Customs Service issued an announcement regarding important proposed amendments to the IP rights protection guidelines. This update reviews the amendments which may have the greatest impact on brand owners. Read more

8 Jan 2019

Protecting and enforcing design rights: Russia

Russian design law is incorporated into Part IV of the Civil Code. Additional provisions regarding application proceedings are set out in the Rules on Design Patent Application Proceedings and the Instructions for Design Patent Application Documents. Read more

Goverment/policy

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4 Dec 2018

AI examinations and a new manual: the JPO end of year review

It has been another busy year for the trademark division at the Japan Patent Office, especially in the development of examinations. Read more

30 Nov 2018

China launches new online trademark system; expert calls for focus on examination quality

China’s National Intellectual Property Administration has launched its new online trademark services system, with one local expert telling WTR that the next task should be “to retain – or arguably regain – the quality of examination”. Read more

29 Nov 2018

European Union and United States announce record-breaking counterfeits crackdown; do domain seizures actually train infringers?

This week, both Europol and ICE reported record-breaking numbers in regard to takedowns of domain names selling counterfeit products. One expert tells us that infringers have found an easy solution to this temporary obstacle. Read more

28 Nov 2018

Regulations clarify role of new agencies following China's IP institutional reform

China’s State Commission Office for Public Sector Reform has released two regulations which clarify the role and functions of the agencies created by the country’s recent institutional reform. Read more

Law firms

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23 Nov 2018

IPOPHL celebrates record haul, Rospatent promotes benefits of GIs, and emoji-tions run high in China: news round-up

In our latest round-up, we look at $7 million worth of counterfeit condoms being seized in China, Canada Goose opening an additional office in Beijing, and much more. Read more

20 Nov 2018

Russian president on fakes, Google trademark win, and tale of the counterfeit-catching brothers: news round-up

In our latest round-up, we look at Pakistan stepping up its fight against fakes, the Finnish IP office reminding users about an impending trademark change, IP Australia seeking user input, and much more. Read more

7 Nov 2018

Compulsory conundrum: debate surrounds mandatory mediation for IP disputes

The introduction of mandatory mediation in Greece has faced criticism which eventually led to its suspension; a move that has left question marks over whether wider adoption of such a model is viable. Read more

2 Nov 2018

Azerbaijan pledges IP reforms, plain packaging in Singapore, and Ecuador plans mediation center: news round-up

In our latest round-up, we look at the JPO offering a souvenir certificate for long-time rights holders, fashion brands stepping up their tech game, a new director at the Tunisian IP Office, and much more. Read more

IP offices

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4 Jan 2019

Trolls on the rise, Brexit disruption and China’s domination: data trends of 2018

Having just rung in the new year, it is the perfect time to look at the trends which have characterised the trademark landscape in 2018, and discuss what is to come in 2019. Read more

24 Dec 2018

New court decisions provide fresh wisdom on trademarks in Russia

Three recent cases look set to shake up trademark practice in Russia and could well have an impact for years to come – especially when it comes to parallel imports and the territorial principles of trademark protection. Read more

18 Dec 2018

Building on success: IPONZ 2018 in review

Already a leader in terms of online offerings, the IP Office of New Zealand is now seeking to maximise business IP awareness in order to allow companies to make the most of their intellectual property. Read more

10 Dec 2018

Servicing the global flow of innovation and ideas: the IP Office of Singapore year in review

The recent boom in economic activity across Asia has been reflected by a significant increase in the number of IP applications filed in the region – and the IP Office of Singapore is leading the way in innovation. Read more

Online

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26 Nov 2018

Dolce & Gabbana backlash in China: a reputational, financial and political perfect storm

We take a deep-dive into the brand backlash against Dolce & Gabbana in China, after an advertising campaign was deemed racist and insensitive. Read more

23 Nov 2018

Victory for Louboutin as Delhi High Court clarifies responsibilities of online intermediaries

In Christian Louboutin SAS v Nakul, the Delhi High Court has ruled in favour of Louboutin, stating that the safe harbour protection under Section 79 of the Information Technology Act is not absolute. Read more

6 Nov 2018

US Navy donates trademark licensing money, Lego prevails, and Pinduoduo attracts brands: news round-up

In our latest round-up, we look at a fashion designer ‘naming and shaming’ buyers of counterfeits, Japan banning trademark registrations for era names, Georgia celebrating its 100,000th trademark application, and much more. Read more

31 Oct 2018

Clarivate Analytics snaps up TrademarkVision as new research offerings eyed

While the move is fundamentally a trademark industry acquisition, the move could also open up access to new industries and customers. Read more

Portfolio management

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13 Dec 2018

“Sometimes you need a firm that will shoot from the hip”: insights from 7-Eleven’s Allison McDade

In an exclusive interview, Allison McDade shared her approach to tackling imitation convenience stores in Asia and explained the challenges stemming from the company’s expansion. Read more

4 Dec 2018

China drives global trademark registrations to new heights; challenges persist for brands

Newly released statistics from WIPO have revealed that 2017 was a record-breaking year in terms of trademark applications, spurred by massive growth in China – which is set to break the 8 million application barrier. Read more

26 Nov 2018

Breaking new ground: Court of Appeal rules that ‘first user’ principle is not applicable to disputes between related entities

In Pathmanathan v Portcullis (Singapore) Pte Ltd, the Malaysian Court of Appeal has held that the courts are not bound by “hard and fast legal rules” when deciding on the ownership of a trademark among related entities. Read more

23 Nov 2018

Australian salumi manufacturer defeats Italian food giant in trademark battle over logo

Australian salumi manufacturer Borgo Salumi has defeated an attempt by Italian food giant AIA Agricola Italiana Alimenare to stop it from registering the logo that it had used for decades. Read more

Trademark law

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8 Jan 2019

Protecting and enforcing design rights: Russia

Russian design law is incorporated into Part IV of the Civil Code. Additional provisions regarding application proceedings are set out in the Rules on Design Patent Application Proceedings and the Instructions for Design Patent Application Documents. Read more

7 Jan 2019

Protecting and enforcing design rights: India

While the Indian Patent Office has four branches (in Chennai, Delhi, Kolkata and Mumbai), there is only one branch of the Design Office, which is found in Kolkata. Read more

7 Jan 2019

Protecting and enforcing design rights: China

In China, a design can generally be protected under copyright, trademark or patent law. Copyright mainly protects a design in the artistic sense, while trademarks focus on the distinctiveness of a design. For an industrial design, only patent law is applicable. Read more

3 Jan 2019

Myanmar adopts long-awaited Trademark Law

The long-awaited Myanmar Trademark and Geographical Indication Law was passed by the Lower House on 12 December 2018. This update reviews the most notable changes introduced by the new law. Read more

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