Intellectual Property Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Intellectual Property.
September 19, 2016 By Mirandah Asia
Thailand is gearing up to become a member of the Madrid Protocol concerning the International Registration of Trademarks (the “Madrid Protocol”). It began by amending the current Trademark Act B.E. 2534 (the “Act”) and introduced amendments to procedures, extended its protective scope and revised the deadlines and fees. It also introduced a new international trademark filing system, preparing Thailand for its accession to the Madrid Protocol.
September 13, 2016 By Gehres Law Group, P.C.
You have gone through the painstaking process of starting a business, developing a brand for your business, namely, your business’ trademark, invested significant time and resources into this development, and suddenly you discover another business is using your exact trademark or a similar one. What can you do?
September 8, 2016 By The Lomnitzer Law Firm
The government just denied a request from the music industry to change the royalty collection system. Here, we examine what's at stake and explain why change may be imminent.
September 13, 2016 By Barnea & Co.
Part of how any company moves from start-up to growing and thriving is to create a recognizable brand under which it operates. The brand provides a way to identify and distinguish yourself with customers, and it all begins with images that you use to represent yourself–and no one else–to the world. To prevent others from using the same or similar images, though, you need to obtain trademark protection.
August 25, 2016 By Hammond, Minciu and Associates
Whilst the protection of Know-how and Trade Secrets is usually covered in local law there is often confusion as to how this will translate internationally and how will clauses covering this in a contract governed by one law be considered in another jurisdiction.
August 18, 2016 By Legalmax Law firm
With the accession to the Madrid System for the International Registration of Marks by the Republic of Kazakhstan, foreign applicants and mark owners have been enjoying the benefits of the system, such as submitting a single international application in respect of several countries, including Kazakhstan.
August 17, 2016 By Jurado & Farshchian, P.L.
While the worlds of law and fashion may seem as far apart as one can imagine, legal matters are inseparable from any career or aspirations in the fashion industry. To understand why fashion law is so important, one must start with what it is and why it should matter to you.
August 12, 2016 By MMLC Group
In China, pharmaceutical trademarks are regulated by both the pharmaceutical law and trademark law. Pharmaceutical generic names are prohibited to be registered as trademarks as per Article 11 of the PRC Trademark Law, but only those distinctive pharmaceutical names can be registered as trademarks.
August 10, 2016 By Hammond, Minciu and Associates
In Romania, and perhaps in the rest of Europe, little attention seems to be paid to Data Protection and the implication of the regulations which are passed both at European Union and Romanian National level.
August 10, 2016 By B&R Latin America IP LLC
The Internet has become an important business tool for brand promotion. Any company that wants to successfully put its products or services across to the public can’t get around the benefits of the global online market anymore.
After years of litigation, the Supreme Court let stand a ruling that Google Books makes fair use of others' copyrights. What does that mean for you?
Legal disputes have become increasingly common among breweries and distilleries. Companies are litigating not only over trademark confusion, but also the meanings of words like "craft" and "handmade." The outcome of some of these suits may have wider implications, impacting how certain beverages are labeled.
As social media continues to become further ingrained in our daily lives, businesses and individuals should consider its potential role in litigation - particularly intellectual property-related matters. Here, a few examples of lawsuits and potential lawsuits that have arisen specifically due to social media sharing.
When a jury found that Robin Thicke and Pharrell Williams' hit song "Blurred Lines" infringed Marvin Gaye's "Got to Give it Up," the world was shocked, and the music industry panicked. Here, we explain why the year Gaye's song came out was a major factor in outcome - and why, if it had been written only a short time later, the verdict may have been different.
August 4, 2016 By Aleksey Pukha & Partners
In the course of the business activity deregulation at compliance with the requirements of the Law of Ukraine No. 222-VIII «On Licensing of Types of Economic Activity» dated 2, March 2015 changes have been made to the List of the types of work of economic activity with the construction by the Regulation of Cabinet of Ministers of Ukraine No. 256 «Matters of Licensing for Construction of Objects of IV and V Categories of the Complexity» dated 30, March 2016.
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.
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.
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.
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”).
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).
“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
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.
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.
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).
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.
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.
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.
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.
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.
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).
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.
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.
The administrative procedure for domain name dispute resolution, which procedure is an alternative to the long and expensive judicial procedure before the court.
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.
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).
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.
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.
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).