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14 March 2019

Rights protection mechanisms review: the future of enforcement?

In 2016 ICANN committed to performing a review of all RPMs before launching any further gTLD expansions. This process will likely shape the RPMs for many years to come, so it is important that the community gets it right – in particular, ensuring the viability and utility of these mechanisms for brand owners without compromising legitimate domain name registrations in good faith.

14 March 2019

China’s new E-commerce Law

China’s new E-commerce Law (which entered into effect on 1 January 2019) regulates a wide array of matters, including antitrust, data protection, consumer protection, payment and delivery services, among others. However, the law’s provisions on IP protection seem to have attracted the most attention – both positive and negative.

14 March 2019

Online brand protection strategies for the Russian market

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.

14 March 2019

Brand protection strategy for social media

The growth of internet usage worldwide, while clearly an opportunity for brands, is also proving to be a useful tool for counterfeiters. Brand abuse on social media has risen sharply in recent years and is especially notable in the sale of counterfeit products.

14 March 2019

Return on investment – proving that protection pays

Even though the threat from counterfeiting shows no sign of diminishing, companies are often stumped by how to assess the cost of counterfeiting on a business, and how to effectively counteract the economic and reputational harm that it causes.

14 March 2019

India’s upcoming data protection regime

India is on the cusp of enacting its first comprehensive legislation on data protection, a natural fallout of the nine-judge constitution bench of the Supreme Court recognising the right to privacy as a fundamental right in the historic judgment Justice KS Puttaswamy v Union of India (24 August 2017).

14 March 2019

Online brand enforcement in Italy: urgent remedies, ISP liability and arbitration

Online trademark infringement disputes in Italy are handled by the specialised judges of the IP courts, which are based in all Italian regions with the exception of Valle d’Aosta. The specialised IP courts are highly efficient, particularly in Milan and Turin, and generally allow trademark owners to obtain sound protection in a matter of a few weeks.

13 March 2019

Making brand protection more consumer-centric

Online fraudsters, counterfeiters and pirates are becoming more adept at targeting consumers and taking advantage of legitimate brands. If businesses rely on traditional approaches to brand protection in the face of this onslaught, effective brand protection will be extremely difficult to achieve. To put this into perspective, consider the nature and scope of counterfeiting and brand abuse.

08 February 2019

How Mickey Mouse and Darth Vader are helping to grow the Disney brand empire

In this week's data focus, we look at how multi-media giant Disney is stockpiling recognisable brands to build out its business operations and adapt to a changing industry.

11 January 2019

Johnson & Johnson data focus: inside the world’s biggest trademark portfolio

In the first of a new series, we shed light on how this pharmaceutical giant's trademark holdings have contributed to its business strategy.

08 January 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.

08 January 2019

Protecting and enforcing design rights: Spain

The legal framework relating to industrial designs in Spain is circumscribed, as far as national legislation is concerned, to Law 20/2003 on the Legal Protection of Industrial Designs (7 July 2003) and the Regulation for the Implementation of Law 20/2003 on the Legal Protection of Industrial Designs, approved by Royal Decree 1937/2004 (7 September 2004).

08 January 2019

Protecting and enforcing design rights: Switzerland

Swiss design is characterised by its hybrid status – it is influenced by the German tradition of functionalism and the Italian radical design of the 1960s. Swiss design lies somewhere between ‘form follows function’ and ‘anything goes’ – it is functional yet rich; linear while unexpected; practical and refreshing.

08 January 2019

Protecting and enforcing design rights: United States

The grant of a design patent entitles the owner to exclusive rights to that design, such that the owner may bring suit against an infringer. In order to assess whether a design patent has been infringed, the scope of protection available to the allegedly infringed design must be properly determined.

08 January 2019

Protecting and enforcing design rights: Poland

The Polish design regime is largely based on registration. The crucial requirements for a design to enjoy protection are novelty and individual character. However, design applications are examined for compliance with formal requirements only.