Intellectual Property Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Intellectual Property.
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in Uganda is enabled by the Principal Legislation on trademarks in Uganda the Trademarks Act No.7 of 2010 that repealed the Trademarks Act Cap 217 and Chapter 37 of the Penal Code Act Cap 120; and its regulations, the Trademark Regulations Statutory Instrument No. 58 of 2012.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.
April 22, 2016 By B&R Latin America IP LLC
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.
April 20, 2016 By B&R Latin America IP LLC
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.
April 20, 2016 By Intepat
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.
April 24, 2016 By GRP Rainer LLP
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.
April 19, 2016 By Intepat
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.
April 19, 2016 By Intepat
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.
April 19, 2016 By Marshall Socarras Grant, PL
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.
April 15, 2016 By Lewandowski Gradek Lewandowska IPLaw Office
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.
April 14, 2016 By Mirandah Asia
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.
April 17, 2016 By Krasimira Kadieva
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.
April 9, 2016 By Jurado & Farshchian, P.L.
According to the Small Business Administration, there are roughly 600,000 new businesses started in the U.S. every year.
April 4, 2016 By GRP Rainer LLP
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).
March 27, 2016 By Gehres Law Group, P.C.
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.
March 30, 2016 By GRP Rainer LLP
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.
March 19, 2016 By Counsels Law Partners CLP
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.
March 16, 2016 By Gehres Law Group, P.C.
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.
March 16, 2016 By Gehres Law Group, P.C.
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.
March 17, 2016 By GRP Rainer LLP
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.
March 17, 2016 By MMLC Group
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.
April 14, 2016 By MMLC Group
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.
March 16, 2016 By Shustak Reynolds & Partners, PC
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.
March 17, 2016 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
March 14, 2016 By Angela Wang & Co.
Further Strengthening of Copyright Protection in the Digital World – Hong Kong Copyright (Amendment) Bill 2014
March 14, 2016 By Jurado & Farshchian, P.L.
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
March 7, 2016 By MMLC Group
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.
March 7, 2016 By Ihqaq Law Firm
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.
March 2, 2016 By Hassan Elhais
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.
Did you know that you can register your name as a trademark in sports? Many athletes know this and they obtain many benefit from this. Radamel Falcao, know as the ¨Tiger¨ or ¨Tigre¨ from Colombia’s soccer team, has a company named, Business Tiger S.A.S., his company manages all the sponsoring contracts and profits that the trademark FALCAO earns. Radamel Falcao had many trademark lawsuits with people that tried to use and register his name without permission.
The Trademark Direction of the National Institute of Industrial Property in Argentina decreed that the trademark fees will rise from October of 2015.
Colours convey a signal to consumers, which is why businesses seek to protect the shades of colour they use and register them as colour trademarks. The scope of the protection afforded by a colour trademark is still in dispute.
In Ship’s Equipment Centre Bremen GmbH v Fuji Trading (Singapore) Pte Ltd and others, the High Court of Singapore ruled in favour of the Defendants refusing to allow the Plaintiff to make post-grant amendments to Singapore Patent SG 110370 (“the Patent”).
On 20 January 2015, Cambodia’s Ministry of Industry and Handicraft (MIH) has entered into an agreement with the Intellectual Property Office of Singapore, committing to recognize patents and industrial designs registered in Singapore.
The contracts that your business has with its landlords, clients, employees, vendors and/or suppliers are the components that help create the framework of your company. Everything your organization does depends on the protection and support of the terms and conditions in its contract (s).
The protection of a work in Spain is now automatic thanks to the agreements concluded between European countries and copyright collecting companies.
Have you Considered Registering a Patent? Here are Some Practical Tips to Consider Before Registering a Patent
Registering a patent can be complex, expensive and can take many years. Below we evaluate what you should be considering before applying to register a patent.
Are you aware that even if you have not registered a trade mark, you may still be able to enforce rights in your trading name or brand name and prevent others from exploiting it? If not, read this article for more information.
The latest in Nestlé’s attempt to trademark its iconic four-finger chocolate is at odds with EU law.
Software patents have been the subject of much debate – not only in the US, but also in Europe. This has been a thorny issue for many years and the future of software patents still remains unknown. At the outset, a breakdown of the differences between patents and copyrights will highlight why the patent is the form of intellectual property which is proving to be the most problematic with regards to software.
Brand identity and protecting it from abuse is key to the success of any business. Guidance on evaluating whether a registered trade mark has been infringed in the United Kingdom.
Innovation in the Kenyan SME sector makes it mandatory for the different players to start thinking about their intellectual property management strategies.
Protecting your business brand identity is very important. This article analyses the legal grounds upon which a trade mark can be registered and the practical procedure for registering a trade mark.
Thanks to the introduction of the European directives, copyright law has been harmonized throughout the European territory, including Spain, and has strengthened legal protection of creators.
A report published by the Office for Harmonization in the Internal Market – ‘Intellectual property rights and firm performance in Europe: an economic analysis’ – sheds light on the link between companies with intellectual property rights and a superior economic position.
Egypt is considered one of the top countries in copyrights infringement. Prior to Revolution of 2011, Egyptian government was focusing on copyrights protection; however, after the Revolution due to the political instability this focus has significantly been reduced.
According to the Trademark Law, where a registered trademark stays unused for three consecutive years without a reasonable reason, any company or individual can file application to cancel the trademark.In this article, we will discuss how a squatted trademark can be cancelled through three years non-use procedure and how the trademark can be re-registered after it is cancelled.
In our experience in dealing with trademark disputes, we have seen frequent occurrence of trademarks squatted by business partners, competitors and even employees due to the delay in filing the same for registration by the clients. After this situation happens, the clients will be eager to know if there is any chance to get back the trademark and in case of legal action, what will be chance for success.