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.
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.
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.
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.
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.
Although China recognises non-traditional marks, it is still rare for them to secure protection. Nevertheless, the situation and the market are improving and applicants will one day be able to effectively protect their rights in all types of trademark in China.
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.
Financial companies must balance what is distinctive and recognisable in a brand with what is descriptive and easy to understand. Moreover, defensive registrations can provide greater protection against brand damage.
Until recently, Italian banks traditionally had highly descriptive names but fell victim to the inherent weakness of those names as trademarks. Banks are now seeking more distinctive names to improve their image and strengthen their brand.
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.
In the first of a new series, we shed light on how this pharmaceutical giant's trademark holdings have contributed to its business strategy.
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.
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).
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.
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.