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30 September 2019

ECJ case law displays nuanced understanding of comparative advertising

A case from the European Court of Justice offers invaluable guidance for what is acceptable in comparative advertising, especially when it comes to comparing the prices of goods sold in different types and sizes of outlet.

30 September 2019

Building an effective enforcement strategy to fight unfair competition in advertising

In the fight against unfair marketing practices, businesses operating in Russia would be well advised to understand the correlation between unfair advertising and unfair competition and to take account of the relevant legal provisions so as to build up an effective enforcement strategy.

30 September 2019

Unfair competition in Mexico: how to play by the rules in advertising’s commercial battles

Competitive advertising strategies should prompt healthy commercial battles and bring out the best in advertising, yet some still use advertising to confuse and mislead customers. Mexico’s unfair competition legislation defends the rights of victims to dubious advertising practices.

30 September 2019

China's Anti-unfair Competition Law: cracking down on malicious infringement in advertising

Recent amendments to China’s Anti-unfair Competition Law have seen legal compensation rise from Rmb3 million to Rmb5 million, which goes some way to addressing the significant cost of stopping infringement.

29 July 2019

Practical strategies for managing luxury brands

A group of senior trademark and brand professionals recently convened in New York to discuss strategies for protecting, enforcing and monetising fashion and luxury brands. This special report details some of the key points and presents essential takeaways.

18 July 2019

Lessons from the high-profile spat between Haas F1 and Rich Energy

When Haas F1 entered the 2019 Formula 1 season, it brought with it a brand new title sponsor, with a colour scheme on its livery to match. However, the relationship has resulted in Twitter rants, leaked documents and legal action – as well as takeaways for trademark professionals.

18 July 2019

EU offers increasingly interesting market for pharmaceutical trademarks

The European Union offers an increasingly interesting market for pharmaceutical companies, thanks to its growing elderly population, above average expenditure on drugs and robust use of branded drugs over generic equivalents. Pharmaceutical trademarks are a crucial element of this.

17 July 2019

Branding pharmaceuticals: drug naming and non-traditional trademarks

There are numerous hurdles to branding a new pharmaceutical. In addition to traditional marks, non-traditional marks offer a route to protection where a drug’s appearance has acquired distinctiveness, but obtaining such registrations is not all plain sailing.

17 July 2019

Restrictions and conflicts – challenges faced by pharmaceutical trademarks in China

Pharmaceutical products play a key role in public healthcare. As a result, the protection of pharmaceutical trademarks is fraught with unique challenges, particularly when it comes to a pharmaceutical product’s name and generic name.

17 July 2019

Infrequent pharmaceutical disputes have far-reaching consequences in Malaysia

While disputes over pharmaceutical trademarks are few and far between, decisions can have a significant effect on product manufacturing and public health.

17 July 2019

Healing confusion – choosing the correct name for pharmaceutical trademarks

Similarity among prescription drug names should be avoided, as the potential confusion carries a risk to consumer health. Bringing the best pharmaceutical trademark to market can be arduous, but it will assist in the safe prescription of medication.

17 July 2019

Naming, registering and advertising pharmaceutical trademarks in Russia

The pharmaceutical industry is a high-tech development priority and pharmaceutical production must happen alongside the development of an appropriate IP protection strategy. Pharmaceutical trademarks owners would be well advised to consider any issues in the context of the Russian market.

01 May 2019

Focusing on trade dress in the European Union

As the use of distinctive and non-traditional signs continues to evolve, EU legislation now allows for objects, actions and patterns, among others, to be registered as trademarks, with a key focus on trade dress.

01 May 2019

Can you trademark sounds, smells, colours, motions and flavours?

Trademarks are much more than a logo used to identify a brand. Non-traditional trademarks using sounds, colours and shapes have exploded onto the scene, bringing notoriety to many a business and brand.

01 May 2019

Protecting fashion and cultural expressions

Protecting the knowledge and traditional cultural expressions of different cultures and indigenous communities is a complex task. Opinions are divided, but one route may involve IP rights to protect traditional forms of innovation and creativity.