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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.

For many start-ups, the data they possess is their biggest source of value. These fledgling companies must have a defined strategy for protecting data as both a business asset and an IP right.

With the Summer Olympics taking place in Tokyo and the protection for geographical indications on the horizon in Russia, we head east to determine what experts in Asia and Oceania have learned from 2019 and how brand owners in these jurisdictions can best prepare for the next 12 months.

In Brazil, trademarks are governed by the Law on Industrial Property (9,279/1996). Brazil is a party to the following international treaties: the Paris Convention for the Protection of Industrial Property; the Agreement on Trade-Related Aspects of Intellectual Property Rights; and the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks.

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.

In our latest round-up, we look at various insights from ECTA’s 37th annual conference, how domain registrations for sports betting are on the rise, the Financial Times prevails in trademark dispute, and much more.

In our latest round-up, we look at a new study finding few marketers are confident in consistent brand values, brands being warned of being too political, Diesel engaging in a trademark battle with a reality star, and much more.

In Brazil, trademarks are governed by the Law on Industrial Property (9,279/1996). The protection of Olympic symbols and terms is provided for in the Pelé Law (9,615/1998) and, in regard to the 2016 Olympic Games in Rio de Janeiro, the Olympic Act (12,035/2009) confers additional protection on the symbols and expressions associated with the games.

As an EU member state, Italy applies all the relevant EU regulations (including those on border measures) and has implemented the Agreement on Trade-Related Aspects of Intellectual Property Rights and the main international agreements in this field. 

To minimise the risk of counterfeit medicines reaching consumers, the Medicines and Healthcare Products Regulatory Agency licenses all steps of the medicine distribution system and monitors the supply and manufacture of medical devices.

While selective distribution can be an excellent option for luxury brand owners, allowing them to control how their products are sold within a certain territory, there are potential clashes with competition law, particularly within the European Union

Contrary to common belief, the Italian legislative instruments against IP infringement are quite efficient. In 2003 specialised IP divisions were set up in 12 existing courts, and in September 2012 these were increased to 21. These divisions have exclusive competence to decide civil actions relating to trademarks, patents, copyright and unfair competition.

In March 2014 the federal government introduced major amendments to the Trademarks Act – designed to facilitate implementation of the Nice Agreement, the Singapore Treaty and the Madrid Protocol – in Bill C-31. However, Bill C-31 also contains fundamental changes to the current trademark legislation, including the elimination of use as a registration requirement.

A string of recent decisions finding that a mark’s ordinary meaning negatively affects its ability to serve as a unique indicator of source could have a significant impact on brand owners