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07 January 2019

Protecting and enforcing design rights: Hungary

The national industrial design protection regime grants legal protection for the appearance of the whole or a part of a product, from the features of, in particular, the lines, contours, colours, shape, texture and materials of the product itself or its ornamentation.

07 January 2019

Design rights: European union

In the European Union, the appearance of all industrial and handicraft items, product parts, packaging, get-up, graphic symbols and typographic typefaces is protectable as a design.

07 January 2019

Protecting and enforcing design rights: Germany

German registered designs are governed by the Design Act, which was recently renamed to reflect the fact that German registered designs are now officially called ‘designs’, rather than the previously used ‘aesthetical models’. This is an interesting inconsistency in German law

04 January 2019

Graphical user interfaces – good design is essential

Whether with smartphones, tablets or even autonomous vehicles, controlling the visual landscape under the ‘glass’ of display screens is a central battleground for technology-driven companies. 

31 December 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. 

24 December 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.

13 November 2018

Litigating design disputes

Designs are relevant to a wide range of products belonging to industry, fashion and crafts. As a result, counterfeiting no longer affects only trademarks, but is now increasingly affecting designs as well.

29 October 2018

Our privilege to serve – thoughts on Canada’s law of privilege

Privilege protects certain information and communication from disclosure. In-house counsel – as legal and business advisers to a company – must understand the limitations of privilege and how best to create and maintain it.

29 October 2018

How India is helping brands combat counterfeiting

India is removing policy barriers to attract investment, while policy initiatives designed to improve IP rights enforcement look set to yield results. However, the availability of infringing, counterfeit and lookalike products is also on the rise.

29 October 2018

Parallel imports in Russia: same game, different rules

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.

29 October 2018

Choose your weapon: litigating trademarks US-style

While there is an arsenal of tools with which a rights holder can address infringement, each requires careful consideration. The initial choice of remedy is a good place to start.

29 October 2018

Mexican trademarks and the Commercial Treaty of North America

The new North American Free Trade Agreement includes stronger measures against counterfeiting and piracy, including the ability to stop the entry and exit of suspected counterfeit products.

01 October 2018

New system makes it easier to enforce IP rights in China

There has been much criticism regarding the difficultly of filing an IP dispute in China. However, the country is streamlining the process of navigating the judicial system, with the goal remaining to stop infringements.

12 September 2018

Trademark protection and enforcement in Latin America

All Latin American countries have a first-to-file system, so early filing is essential in order to keep pirates and free riders as far out of the picture as possible.

12 September 2018

Trademark procedures and strategies: Brazil

As a general rule, the Industrial Property Law states that ownership of a mark is acquired through a granted registration, following which the rights holder has the right to exclusive use of the trademark throughout the national territory.