Intellectual Property Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Intellectual Property.
July 19, 2016 By Angela Wang & Co.
In January 2016, the Hong Kong Court of Final Appeal (“CFA”) dismissed the appeal from TWG Tea group of companies (owner of the TWG tea salon in Hong Kong) on the right of use of the mark "TWG".
July 7, 2016 By HG.org
The art world is full of fascinating pictures, sculptures, paintings and other works that capture various emotions or states of being. All too often, fans of these creations do not understand that they are not permitted to take copies or reproduce the items without permission from the creator. Sometimes, an individual is allowed to do so for private use only.
July 7, 2016 By B&R Latin America IP LLC
Franchise agreements: In general terms, a franchise agreement is a contract in which one part known as franchiser, allows the use of its intellectual property (Know-how, trademarks, patents, copyrights, etc.) to another person, called the franchisee, with the aim of economically exploit a business or company within a given geographical area.
June 29, 2016 By Aleksey Pukha & Partners
In present conditions the area of information technologies, particularly software development, is rapidly evolving. By the number of certified specialists in IT and volume of export of services for the software production, Ukraine ranks the fourth place among the leading countries of the world.
June 21, 2016 By Gehres Law Group, P.C.
Registering copyrights is important in order to provide business owners and authors significant benefits, including statutory damages and reimbursement for attorneys’ fees, in the event someone infringes on their copyrights.
June 21, 2016 By DAB Law Firm
The procedures and principles regarding trademarks have been regulated in the Decree Law Regarding the Protection of the Trademarks (No. 556) (the “Decree Law”) and the Regulation on the Implementation of the Decree Law Regarding the Protection of Trademarks (the “Regulation”).
June 13, 2016 By GRP Rainer LLP
On March 18, 2016, the General Court of the European Union ruled that the well-known novel character Winnetou shall continue to enjoy trademark protection (Az.: T-501/13).
June 13, 2016 By Michalopoulou & Associates
“No other sector holds the promise to enhance quality of life, productivity and environmental sustainability through innovation like biotechnology, while also benefiting Europe’s economy and research base”. Carlo Incerti, Chairman of EurapaBio, 3η EuropaBio event on the Benefits of Biotechnology, Brussels, 23 June 2015
June 15, 2016 By Michalopoulou & Associates
Last June, the EU Parliament started discussions and issued amendments on the European Commission’s Proposals for two new Regulations. Alongside, the FVE (Federation of Veterinarians of Europe) issued their comments on the amendments of the two proposals made by the EU Parliament, in September 2015.
June 13, 2016 By MMLC Group
Since 2008, China has held the largest automotive industry in the world in terms of automobile unit production. While this success historically has been due to opportunities for joint ventures with companies such as Volkswagen, Audi, General Motors, and Toyota, recently, local brands have been increasing their role in the automotive market.
June 7, 2016 By GRP Rainer LLP
The term “Spa” is not a generic name for cosmetics and cannot be registered as a Community trademark. That was the verdict of the General Court of the European Union in its ruling of March 16 (T-201/14).
June 6, 2016 By Synergy
On June 2, 2016 Ukraine took the revolutionary decision on the judicial reform and the establishment of a Specialized Сourt for Intellectual Property!
Many individuals and big companies in the world want to protect their trademarks Vietnam, Laos, Cambodia and Myanmar.
If you believe that your right and interest would be damaged by the registration of any trademark, and you have grounds for preventing the registration of such mark, you are entitled to file an opposition to the grant of Protection Title for such mark.
Formality examination: The trademark application will undergo formality examination within 01 month as from its filing date; However, in practice, it may be extended to further 01–02 months if there is shortcomings on formality of the application.
In Vietnam, multi-class applications are acceptable i.e. an application can be filed for more than one class of goods or service with payment of additional fee for each additional class.
June 7, 2016 By Intepat
In the contemporary times, trademarks are becoming indispensable to the conduct of business. With an unprecedented increase in the number of people choosing to start their own business, trademarks have come to occupy an important place in the economy. This is because apart from giving a distinctive character to your business, trademarks also ensure that your goodwill and repute cannot be illegally harnessed by anyone else to their own advantage.
June 6, 2016 By Intepat
There is usually a lot of confusion surrounding the kind of trademarks that can be registered under the Trademarks Act, 1999. While choosing an apt trademark that can be registered might seem to be a long drawn process, it is actually very simple. The trick is to be conversant with what cannot be registered.
June 2, 2016 By AMS Advocaten
Most general terms and conditions include an exoneration clause. In this clause the user of the terms and conditions limits his liability for loss due to possible failure in performance. The courts regularly have to deal with the issue how such a clause should be interpreted and whether it is in fact reasonable at all to apply this clause.
May 26, 2016 By Mirandah Asia
With significant changes in the political landscape of Myanmar (also known as Burma), there are similar expectations for corresponding changes in the economic and business practices as well. This further affects the expectations of IP holders to better protect their rights in this country. Currently, Myanmar is working with the World Intellectual Property office (WIPO) and World Trademarks Office (WTO) to introduce new IP laws which include legislation covering trademarks.
May 24, 2016 By GRP Rainer LLP
The use of a third-party trademark in comparative advertising does not automatically constitute an infringement of trademark law. That was the decision of the Bundesgerichtshof (BGH), Germany’s Federal Court of Justice (Az.: I ZR 167/13).
May 19, 2016 By Shustak Reynolds & Partners, PC
President Obama recently signed into law the Defend Trade Secrets Act (“DTSA”) of 2016, which gives holders of trade secrets a new and powerful option to bring trade secret lawsuits under federal law.
May 11, 2016 By MMLC Group
The recent Higher Court decision in China, regarding a third party's application to register Apple's IPHONE mark on leather goods, as well as likely future developments in this matter.
May 9, 2016 By Krasimira Kadieva
The administrative procedure for domain name dispute resolution, which procedure is an alternative to the long and expensive judicial procedure before the court.
May 9, 2016 By MMLC Group
Intellectual property is a unique area of law, and tends to involve complicated and highly complex cases due to the immense technicality and expertise needed in handling such cases. This article looks at the recently issued Supreme People’s Court's "Provisional Regulations of the Supreme People’s Court on Several Issues Concerning the Participation of Technical Investigators in Intellectual Property Court Proceedings" and how it will be applied in China.
May 12, 2016 By GRP Rainer LLP
One cannot seek to have a nationwide trademark invalidated on account of its registration in bad faith merely because a geographically restricted right has been impaired (BGH, I ZB 44/14).
May 3, 2016 By Angualia Busiku & Co. Advocates
Registration of trademarks in Uganda is enabled by the Principal Legislation on trademarks in Uganda the Trademarks Act No.7 of 2010 that repealed the Trademarks Act Cap 217 and Chapter 37 of the Penal Code Act Cap 120; and its regulations, the Trademark Regulations Statutory Instrument No. 58 of 2012.
May 4, 2016 By Angualia Busiku & Co. Advocates
Who has standing to make opposition? Opposition may be made by any person claiming prior rights to exclusive use of the mark or any other interested person that has sufficient grounds.
April 25, 2016 By Gehres Law Group, P.C.
A Trademark is a Living Asset. If you have a registered trademark with the United States Patent and Trademark Office (“USPTO”), you have taken a very important step in protecting your businesses’ brand. However, what happens after you receive that registration? Do you own your trademark forever? Not exactly. Once you have obtained a federal trademark registration, you must take certain steps to maintain the registration or you risk having it canceled by the USPTO.
The Hague Apostille Convention of 5 October 1961 was born out of the need to simplify the circulation of documents between different states and countries in the world. The convention applies only to public documents that need to be authorized. If both countries are part of the convention, an Apostille will be sufficient.
Intellectual property as an autonomous branch of Commercial Law, is beginning to face a new technological challenge, since there are some inventions that are seeking to have a place on the market and claiming a protectionist environment and guarantees rights for their holders.
An associated trademark allows a business to brand new products and services with its primary mark or use derivative forms of its primary trademark. This type of trademark also allows a business to register a mark similar to one belonging to another business.
The new regulation concerning European Union trade marks is set to come into force on March 23, 2016. What has hitherto been known as a Community trade mark will then become a European Union trade mark.
The basic reason why inventors/ companies go for patent protection is for the exclusive right that they hold over their invention for a specific period. But besides this obvious reason, there are other reasons why an inventor/ assignee would want to patent his invention.
Shakespeare once wrote, "What’s in a name?" Apparently, there’s a lot. The tussle involving Maruti Udyog and Maruti Piston Pvt Ltd is one such instance.
Having an employee sign a non-compete agreement and/or a nondisclosure or confidentiality agreement is one way to protect your company’s trade secrets and confidential and proprietary business information. However, often times companies may not have any agreements with their employees and a business mistakenly believes it has no way of protecting against the unauthorized disclosure of trade secrets or sensitive information.
Polish legislator decided recently to simplify and quicken the trademark registration procedure. The changes introduced to the Industrial Property Law Act from 30th of July 2000 enter into force today. Beside shortening of the general timeframe of the procedure the biggest changes were made within the frameworks of the opposition proceeding and the trademark revocation claim procedure.
It is trite that copyright does not protect facts. No man may claim a monopoly over what is found in nature. Copyright only protects the expression of ideas - and even then - only the original expression of ideas.
Useful legal rules for choosing the best domain name and well as the necessary checks, that are recommended to be performed in order to avoid violation of earlier rights.
According to the Small Business Administration, there are roughly 600,000 new businesses started in the U.S. every year.
In its ruling of February 24, the General Court of the European Union (EGC) rejected a legal action brought by a well-known soft drinks manufacturer to register a bottle without fluting as a Community trademark (T-411/14).
Have you ever noticed that when a person or business name becomes popular or well-known, there’s often an unrelated third party prepared to park or register website domains in the name of that person or business? In many such cases, the third party’s objective involves making an easy profit by holding the domains “hostage” until the rightful owner of the name or mark is willing to pay a premium for the domains. This is called cybersquatting and it is illegal.
Two parallel stripes on the sides of a sports shoe cannot be registered as a Community trademark. This comes from a ruling of the European Court of Justice (ECJ) dated February 17, 2016.
Previously the rights and remedies related to Trademarks in Bangladesh were enforced through the provisions of the Merchandise Marks Act, 1889 and the Trade Marks Act, 1940, which outmoded over the course of time and on occasions conflicted with the IP related international agreements to which Bangladesh became a party at later points in time.
Most California business owners know that a provision in an employment contract which purports to prevent a former employee from competing with the employer’s business is unenforceable in California. Under California law, there is a strong and clear policy favoring the free and unfettered rights of workers to find work where they can, using all their skills and experience to command the best wages they can find.
Most company’s trademarks are extremely valuable assets and represent a significant percentage of the company’s worth. Brand recognition creates customer goodwill and promotes customer satisfaction, which leads to increased sales. Because of this, it is critical to maintain protection of these intangible assets.
Two financial institutions have been arguing over the use of a particular shade of red for a long time. The Bundesgerichtshof (BGH) [Germany’s Federal Court of Justice] has to deliver its ruling on April 21 regarding this trademark dispute.
On 29 January 2016, the Ministry of Finance, the State Administration of Taxation and the Ministry of Science and Technology jointly issued the Administrative Measures for Recognition of High and New-Technology Enterprises (HNTE)(GuoKeFaHuo  No.32 (Circular 32)), which provided new incentive criteria, as well as adjusting the HNTE recognition requirement, and the procedures and supervision of the policy.
China’s Anti-Monopoly Law of the People’s Republic of China principally seeks to prohibit practices restricting free trading and competition between businesses; abusive behavior by a dominant market player or anti-competitive practices leading to such dominant positions; and supervises mergers and acquisitions of large corporations, including joint ventures.
It is every registered person’s nightmare. You receive a letter from a FINRA office notifying you that you are the subject of a FINRA investigation.
By DAB Law Firm
Please be informed that currently there is no specific regulation regarding the protection of personal data in Turkey and protection of personal data is regulated under various legislation. However, the Draft Code on the Protection of Personal Data (the "Draft Code") is recently approved by the Prime Minister of Turkey to be submitted to the Parliament.
Hong Kong Copyright (Amendment) Bill 2014: Further Strengthening of Copyright Protection in the Digital World
Further Strengthening of Copyright Protection in the Digital World – Hong Kong Copyright (Amendment) Bill 2014
Entrepreneurs often make up in enthusiasm what they lack in experience, but passion alone is not enough to ensure the success of a business. If you’re a business owner, you need to watch for the following six legal snares that could potentially harm your company
In 2014, the National People’s Congress authorised the State Administration for Industry and Commerce (SAIC) to issue a draft revision of the Anti-Unfair Competition Law of the People’s Republic of China, which was first enacted in 1993. We look at some of the major changes proposed in the draft.
The Trademark is any visible sign used or to be used by any person to distinguish his goods, products or services from the goods, products or services of others.
Dubai's court of cassation defines intellectual property as, "it is every invented property whether it was literature, vocal, or as regardless to its nature, purpose or importance". From this definition we can analyze that, intellectual property can be in the form of a book or a painting or a song or any new invention.
Brand recognition is a valuable asset for businesses. Accordingly, the General Court of the European Union (EGC) recognised that it is worth protecting these brands.
"When you have wit of your own, it's a pleasure to credit other people for theirs.” ― Criss Jami, Killosophy
Intellectual property is one of the most valuable assets in today’s world, and the value of many businesses that are working with intellectual property are often much larger than the classical asset. The level of patent trolling in Ukraine is much smaller but has some specific features. Read this article and you will know them all.
This article aims to inform proprietors of Community trademarks with the opportunity to file a declaration under Article 28, Paragraph 8 of Regulation (EU) 2015/2424.
By LPA Law Firm
There are no specialised courts in Albania dealing with IPR infringements. Interested parties should address their claim to the Commercial Section of the First Instance Court of Tirana.
Are you being threatened with a patent infringement claim in the UK? If so, we consider how to respond to such a claim including analysing possible defences to the claim.
Such rules shall not be applicable to natural or legal persons which income is exempted by reason of treaties, law-contracts or special laws such as multinationals registered under the multinational headquarters regime.
A trade mark is a distinctive sign indicating products and services. Registration confers an exploitation monopoly to the depositor who can prohibit use of his or her distinctive sign by any third party. To protect his or her brand is essential; it prevents a third party from taking advantage of efforts invested in the product or service. In Spain, rights in trademarks are acquired with registration. A trademark is protected for ten years and is renewable infinitely.
A detailed analysis on cases that outlines the importance of compulsory license in India and clear the myths surrounding it.
According to Article 9, paragraph 1 of the Law on Trademarks and Geographical Indications, trademark is a graphically represented sign used to identify and distinguish the goods of one manufacturer or seller from those of another. Such signs may be words, including names of persons; letters; numerals; drawings; figures; the shape of goods or of their packaging; combination of colors; sound signals or any combination of such signs.
Actions that Should be Taken by Trademark Owners for the Successful Protection of their Trademarks in Bulgaria
What actions trademark owners should take for the successful protection of their trademarks over the years. It is important to be noted that the present material reflects the applicable Bulgarian legislation.
Ideas for applicants who want to file an application for registration of a trademark in Bulgaria, and which are the most important actions that should be taken prior filing of the application.
It is important to be noted that the present material reflects the applicable Bulgarian legislation. This article describes why trademark monitoring is an important preventive tool, which every owner of a trademark is advised to use and which Bulletins should be monitored.
Why it is important a preliminary trademark search to be performed.
When a patent owner desires to abandon a patent, usually they simply do so by non-action, i.e. by stopping payment of the annuity fees. However, the same may not be true in Indonesia, and this has now become one of the most debated subjects among IP practitioners in this territory.
A detailed description of the trademarks registration procedure in Bulgaria.
Indian trademark law adopts a cogent approach in dealing with the identification, granting and executing well known Trademark. The Indian Trademark takes a comprehensive approach in its efforts to segregate marks into well known Trademarks and normal Trademarks. The backdrop of the proposed amendments to the Trademark law of India which would be discussed in detail in the remainder of this discussion.
Section 61 of the Indian Trademarks act 1999 defines collective mark in India context. These clauses contain the provisions relating to the registration of collective trademarks which are new. These provisions provide for the registration of a trademark which belongs to a group or association of persons and the use thereof is reserved for members of the group or association of persons
The definition of Infringement of a registered trademark is given in Indian Trademarks Act of 1999, section 29 whereby, a registered trademark is said to be infringed by any person, who not being the registered proprietor of the Mark or being a person authorized by the owner for its use (registered user), uses in the course of trade, a mark which is identical with, or deceptively similar to the mark in relation to goods and services in respect of which the trademark is registered.
Technological advancements in social media sites and website development tools have allowed users to easily share and discuss articles and photographs across the globe. In parallel with these technological developments, various organizations have sprung up that claim to represent owners of these shared photographs. These organizations send a letter and make an excessive copyright demand. Users must understand their rights before deciding whether to succumb to such excessive demands.
Issues related to the protection of the rights of brand-name drug patent holders in connection with generic drugs registration by other manufacturers.
Revolutionary changes will be implemented in the administrative software that is in charge of the distinctive signs in the Superintendence of Industry and commerce (SIC), Colombia’s trademark authority.
There is a fast, efficient and economical way to file an application for a patent that is already register in another country, using the Patent Prosecution Highway (PPH).
When we think about the economic development of Colombia we have to consider the importance of the biological diversity that this country has and the need to manage it in a sustainable and balanced way in the light of the needs of today's world.
Starting from December 29th, 2015 functions of National Registration Center and National Licensing Center in Albania shall be unified in one single entity.
"There are many harsh lessons to be learned from the gambling experience, but the harshest one of all is the difference between having Fun and being Smart." -Hunter S. Thompson
The Bundesgerichtshof (BGH) [German Federal Court of Justice] ruled in three separate cases on November 5, 2015 that it is possible for unlawful advertising alone to constitute an infringement of copyright law.
Foreign manufacturers and brand owners as well as Uzbekistan-based official or exclusive importers of branded goods are facing pressing challenges in connection with promoting their proprietary products, protecting their reputation and image, and dealing with counterfeiting and pricing strategies of unscrupulous competitors.
In its judgment of September 23, 2015, the BGH (German Federal Court of Justice) ruled in a legal dispute involving trademark law in favour of chocolate teddies, which were said not to have infringed the rights associated with the wordmark “Goldbären” (gold bears) (Az.: I ZR 105/14).
In its judgment of June 16, 2015, the OLG Hamm (Higher Regional Court of Hamm) ruled in favour of the French manufacturer of the original handbags in a case concerning trademark law (Az.: 4 U 32/14).
An intellectual property portfolio is a collection of IP assets belonging to a business or an enterprise. Trademark is the essence of products and services. A Trademark Portfolio comprises of registered trademarks and service marks, as well as marks that are in use or proposed to be used. The Intellectual Property is intangible, yet it is easy to copy.
A trademark, according to the provisions of this law, is the names embracing a distinguished shape, signatures, words, letters, numbers, drawings, codes, stamps, jutting inscriptions; or any other sign, or any combination of it that can be perceived by sight, and apt to distinguish industrial, commercial, professional, and agricultural products; or a project tapping into forests or natural wealth.
Similarly to prior years, we have a beautiful Indian summer in Poland which brings changes to our copyright law. On the 11th September 2015, the Polish Parliament passed a new legal act, which introduces some significant changes into the Polish Copyright Act. Some of them, were required by the European law; other ones were intended to meet expectations of members of the Polish domestic legal market. This article will present the most notable, newly introduced, amendments.
One may question whether athletes would be able to claim copyright on their performance. It is well known that artists are able to do so and in fact do claim copyright on their work, such as song writing.
Singapore has begun operations as ASEAN's first International Patent Search and Examination Authority under the Patent Cooperation Treaty (PCT) on 1 September 2015. With its appointment in 2014, Singapore becomes the first country in the ASEAN region as well as the fifth country in Asia after China, Japan, India, and Korea to join the 19 Intellectual Property Offices worldwide as International Authorities for the PCT.
In accordance with prevailing legal regulations at Article 200, IP Law of Vietnam governing authority for dealing with acts of infringement of Intellectual Property rights, the following bodies shall, within the scope of their respective duties and powers, have authority to deal with acts of infringement of Intellectual Property rights: courts, inspectorates, market management offices, customs offices, police offices and people's committees at all levels.
This was a trade mark opposition before the Intellectual Property Office of Singapore, by The Polo/Lauren Company LP (‘PLC’), in relation to Singapore trademark application no. T1215440A in Class 09 [for eyewear; ophthalmic eyewear frames; reading glasses; sunglasses; eyeglass cases and covers; sun visors (eyewear)] (‘Application Mark’) filed by United States Polo Association ('USPA’).
As many people know, once information is on the Internet, it can stay there forever. However, some individuals have a legitimate interest in having certain information removed from the Internet, so they may pursue doing this through Google, the largest search engine at the time of publication. There is a certain process that individuals must usually follow in order to effectuate this, and Google does not guarantee that all unfavorable information will be removed.
A recent case involving the Scotch Whisky trademark and counterfeit bottle caps, has allowed a Chinese court to exhibit a more flexible approach in dealing with infringing/counterfeiting activities in China. Such an approach could allow IP owners to crack down on cross-border counterfeiting much more effectively.
Protecting inventions can be a key component in building a successful business. Practical considerations in evaluating a potential patent infringement claim must be provided.
How China is regulating competition law aspects of intellectual property licensing.
The regulations existing in China dealing with online payment systems and related technology.
Be they red, yellow or blue, courts are ever more frequently having to rule on whether a colour is capable of benefiting from trademark protection. The BGH overruled the cancellation of a colour trademark with its decision dated July 9 (I ZB 65/13).
The National Direction of Intellectual Property (DINAPI) of Paraguay has issued a new circular No. 07/2015 to restructure the process of payment of fees for Trademarks renewals and the improvement of their legal services.