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Work Area: Enforcement & litigation

Brand YouTuber: how leading video stars are becoming more IP savvy

A WTR investigation finds that some of the world’s leading YouTube content creators are becoming increasingly more sophisticated when it comes to trademark protection.

Reform of the Industrial Property Code: greater protection for designations of origin and seizures possible at all trade fairs

The amendments notably introduce an express prohibition to the registration of signs that “evoke, usurp or imitate geographical indications and designations of origin protected under national or EU law”.

Trademark hijacking across the region and how to overcome it

More and more Chinese brands are becoming known by overseas consumers, largely thanks to the Belt and Road Initiative. It is critical that Chinese companies know how to protect their brands overseas – especially throughout the Asia-Pacific region.

Latest content

General Court rejects Wajos appeal over 3D mark

The court highlighted that, since the refusal was justified on the basis of Article 7(1)(e)(ii), it was not necessary to examine the other grounds of refusal under that provision.

25 August 2023

Courts in South Korea zero in on regulation of trademark usage in promotional material

Featured in Asia-Pacific Trademark Litigation Review 2024

Recent case decisions continue to garner attention in the national IP sphere for their in-depth analysis of whether using a trademark on a product provided as free promotional material – without the owner’s permission – constitutes infringement.

25 August 2023

China: Comprehensive legislative framework underpins domestic and international IP protection

Featured in Asia-Pacific Trademark Litigation Review 2024

The Civil Procedure Law and Trademark Law equip Chinese IP authorities with tools to fight domestic and international infringers and protect susceptible national brands. Their effectiveness will be tested, however, as the rate of infringement continues to increase rapidly throughout the country.

25 August 2023

Singapore: Initiatives to fast-track IP disputes coincide with increased focus on distinctiveness

Featured in Asia-Pacific Trademark Litigation Review 2024

The national IP regime’s efforts to modernise rely on the fast-track option to provide efficient, respected decisions that account for evolving approaches to trademark law, particularly acquired distinctiveness and inherent technical distinctiveness.

25 August 2023

Australia: Courts clarify key components of national trademark law

Featured in Asia-Pacific Trademark Litigation Review 2024

Landmark judgments have set important precedents regarding what constitutes a trademark, the relevance of a mark’s reputation when determining infringement and the applicability of the Nice Classification.

25 August 2023

China’s new punitive damages system bolsters protection against trademark infringement

Featured in Asia-Pacific Trademark Litigation Review 2024

The improvement of relevant laws and regulations makes it easier for courts to reach decisions by laying out necessary steps to precisely calculate punitive damages based on agreed compensation.

25 August 2023

New e-court system aims to simplify proceedings and significantly drive down operational costs in Indonesia

Featured in Asia-Pacific Trademark Litigation Review 2024

The debut of a digital platform for all Commercial Court cases will create a more effective and efficient system for all parties – provided the technological advantages outweigh the disadvantages.

25 August 2023

NFTs, the metaverse and blockchain technology create new risks to brand protection in Singapore

Featured in Asia-Pacific Trademark Litigation Review 2024

While brand owners look to expand their IP portfolios to include digital goods and services, there remains considerable uncertainty arising from the lack of infringement remedies for tackling bad actors in the digital Wild West.

25 August 2023

Practitioners in China turn to civil litigation to combat trademark squatters

Featured in Asia-Pacific Trademark Litigation Review 2024

In conjunction with the Anti-Unfair Competition Law, administrative and civil procedures help brand owners quash trademark squatting and hoarding. Noteworthy cases further highlight a national focus on proactively preventing the market infiltration or abuse of processes associated with such IP violations.

25 August 2023

Proposed revisions to China’s trademark law take aim at bad-faith applications and boost protection

Featured in Asia-Pacific Trademark Litigation Review 2024

The country’s trademark infringement judgment criteria are set for a significant overhaul in coming years, compelling rights holders to closely analyse differences between the current and proposed legislation.

25 August 2023

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