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.
A draft bill has been introduced in Russia that will establish geographical indications protection in the country. If passed, the law will be a significant win for the producers of region-specific goods.
Administrative proceedings start with the rights holder filing a petition with the police, based on which the police conduct a raid on the infringer’s premises and seize any discovered counterfeit goods. They then pass samples of these to the trademark owner (or its authorised local representative) so that it can confirm the origin of the counterfeit.
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Shortly before World IP Day the plenum of the Supreme Court adopted a ruling on IP issues. The ruling document contains important guidelines and clarifications of the law, which are obligatory for all courts.
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Colour trademarks are growing in popularity in Russia. However, to ensure their registration, the colour in question must be capable of sufficiently distinguishing the product or service and its origin.
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New challenges in a digital world dictate the necessity of adapting brand protection strategies. In the past, it was enough to deal with infringements on a case-by-case basis. However, today it is impossible to handle thousands of online infringements manually and more efficient tools (online brand protection solutions) are required.
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In our latest round-up, we look at more trademark applications related to the #MeToo movement, the Swedish IP Office warning against fake election posters, a US court having its say on trademark bullying, and much more.
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The 2018 FIFA World Cup gets underway in Russia today, and major brands have already kicked off efforts to benefit from the buzz. Meanwhile, the authorities have commenced policing for infringement, with cases already filed centred on the misuse of FIFA’s marks. Read more
The continuing economic crisis and the drop in disposable income have motivated Russians to seek cheaper alternatives for consumer goods. This has led to an increase in the circulation of counterfeit goods.
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Trademark counsel have had their say on the efficiency of customs authorities across the globe – with some of the largest importers of counterfeit goods giving cause for continued concern.
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Fluid trademark strategies can strengthen brand recognition but the non-conventional nature of such marks needs to be understood to avoid weakening protection and risking non-use cancellation cases.
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Anti-counterfeiting measures will never succeed in removing all counterfeits from the market, but they do make it significantly more difficult for counterfeiters to produce and sell fakes.
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Foreign brand owners are free to enter into direct or indirect trademark licensing agreements in Russia. However, in order to be valid and enforceable, these agreements must contain key terms and be recorded with the Federal Service for Intellectual Property.
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Administrative proceedings start with the rights holder filing a petition with the police, based on which the police conduct a raid on the infringer’s premises and seize any discovered counterfeit goods. They then pass samples of these to the trademark owner (or its authorised local representative) so that it can confirm the origin of the counterfeit.
Read more
New challenges in a digital world dictate the necessity of adapting brand protection strategies. In the past, it was enough to deal with infringements on a case-by-case basis. However, today it is impossible to handle thousands of online infringements manually and more efficient tools (online brand protection solutions) are required.
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In a controversial decision, the Russian IP Court has upheld a Patent and Trademark Office decision which found the British Broadcasting Corporation’s TOP GEAR trademark to be invalid based on the existence of a senior, almost identical mark belonging to a third party.
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Brand registration alone is insufficient. Financial and professional services need to take a realistic view of the unauthorised use of brands and ensure that their trademarks are not diluted and abused.
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A new anti-sanction bill aimed at the prevention and suppression of unlawful and hostile foreign actions is now in force in Russia. Importantly, the bill generally does not concern the IP assets of foreign legal entities. Read more
In this week’s country data report we turn our attention to Russia, analysing key filing statistics and how its brands have fared against the backdrop of a troubled economy and increasingly tense political climate.
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President Vladimir Putin has signed the law on ratification of the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs 18 years after Russia signed the final act. The law on ratification will enter into force on October 1 2017, after which the Ministry of Foreign Affairs of Russia will notify the World Intellectual Property Office and the Russian Federation may be designated in international applications for registrations of industrial designs. Read more
Russia has recently amended the regulations that govern the procedures in economic courts (the arbitrazh courts), where most IP infringement cases are considered. Read more
In our latest round-up, we look at the Advocate General’s latest Kit Kat decision, Liverpool FC embroiled in a dispute, a strong start for the ‘.app’ new gTLD, advice on building a fashion retail brand in 2018, and much more.
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Prosecution strategies are dictated by the circumstances of the rights holder’s business. Nevertheless, a smart choice of trademark and thorough registration are key to protecting IP rights. Read more
The Russian government has issued the Decree of the Government of the Russian Federation 1151, amending official fees related to patents, trademarks and other objects of industrial property. Read more
The cassation court in Russia has confirmed that the owner of BLACK FRIDAY for services in Class 35 had abused its rights by suing an association of online shops for using the words 'Real Black Friday'. Read more
Domain name dispute practice in Russia is still underdeveloped, with a lack of legal provisions regulating rights in this area. However, a recent case provides important insight into practices across Russia and the Commonwealth of Independent States.
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The Supreme Court has refused to allow a domain name dispute to be reconsidered by the Economic Panel of the Supreme Court. The case confirms yet again that mere registration of a domain name which is identical to a registered trademark may be found to be trademark infringement, irrespective of whether goods or services were sold under the domain name. Read more
A well-balanced internal domain name policy is vital. Those doing business in Russia should consider national domain requirements, as well as national domain litigation practice Read more
A new federal law, which will take effect in Russia in June 2019, is expected to stimulate the number of design applications and to contribute to the overall development of the country’s consumer goods industry.
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The Russian Chamber of Patent Disputes has reversed a decision of the Patent Office in which the latter had refused to register the mark RITZ PARIS in the name of London-based Ritz Hotel Limited.
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Fluid trademark strategies can strengthen brand recognition but the non-conventional nature of such marks needs to be understood to avoid weakening protection and risking non-use cancellation cases.
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Anti-counterfeiting measures will never succeed in removing all counterfeits from the market, but they do make it significantly more difficult for counterfeiters to produce and sell fakes.
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The Russian court system comprises federal courts and regional courts (ie, regional constitutional courts and magistrates). IP matters are under the exclusive jurisdiction of the federal courts.
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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.
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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.
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Parallel imports in Russia were once subject to the same treatment as counterfeit goods – but the golden age is over, as a compromise has been struck with regard to the national exhaustion of rights.
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@WTRmagazine RT @AlibabaGroup: This Week at Alibaba: secondhand shopping trends in China, Isabel Marant joins Tmall Luxury Pavilion, Alibaba is named 'A… Read more
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