HG.org Legal Resources

Intellectual Property Law Articles

Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Intellectual Property.

Piracy and Trademark Violations on the Rise in the EU

  October 21, 2016     By GRP Rainer LLP
Piracy and copyright infringements are on the increase. As such, it is all the more important to take appropriate measures to protect one’s trademarks and intellectual property.

Australian Trade Marks Attorney Not Always Required

  October 20, 2016     By Wadeson
With a recent drop in trade mark official filing fees, Australia just became up to 50% less expensive for foreign trade mark applicants to designate in an international registration under the Madrid Protocol (international registration designating Australia, or IRDA).

Questions and Answers about the New Federal Trade Secrets Act

  October 19, 2016     By The Lomnitzer Law Firm
Does your work involve trade secrets? If it does—or even if you’re not sure—there’s some new legislation that you should know about: the Defend Trade Secrets Act (“DTSA”), which was recently signed into law by President Obama. Here’s some information about the act and how it may affect you.

New EU Copyright Rules Aimed at Supporting Online Content Creators

  October 18, 2016     By GVZH Advocates
During the State of the Union 2016, the European Commission proposed the introduction of new and up to date EU copyright rules.

How to Protect Your IP with a Non-Disclosure Agreement

  October 17, 2016     By Jurado & Farshchian, P.L.
The employment landscape has changed over the last few years and many small and mid-size companies today operate with outside help – contractors or freelancers who perform important tasks but who are not full time employees on your payroll, or even third party companies who consult on a new product or service.

New Amended Trademark Law of Saudi Arabia

  October 17, 2016     By Hazim AL-Madani Law Firm
Trademark Authority of Saudi Arabia enacts the GCC Trademark Law:

Trademark Law in the EU: No Distinction Made Between “Mac” And “Mc”

  October 17, 2016     By GRP Rainer LLP
No distinction is made between “Mac” and “Mc” for the purposes of trademark law. The General Court of the European Union (EGC) ruled that whether the syllable includes an “a” is of no great significance (Az.: T-518/13).

What You Need to Know About Franchise Agreements in Italy

  October 12, 2016     By Kenton Miles Legal Network
Franchise can be a wonderful approach to achieving success in life, as for many people owning a franchise can be a less risky alternative to a standard corporate job. Surely, the empowerment this strategy represents and the reliance on a consolidated brand can be an attractive opportunity, but it is important to carefully consider the terms of the agreement you sign when becoming a franchisee.

The Importance of Intellectual Property Protection in Fashion

  October 10, 2016     By Jurado & Farshchian, P.L.
More than many other industries, fashion thrives on the ideas, concepts, designs, and other creative contributions of its personnel.

"Failure to Use" as a Legal Ground to Cancel the Registration of the Trademark ‘’McDonald’’ in Armenia

  October 7, 2016     By iLex Law Firm Armenia
In 2014 WEST LLC company registered in the Federation of Russia, has submitted a number of applications to the Administrative Court of RA, requesting to cancel the registrations of the trademarks owned by McDonalds Corporation and registered by the Agency of the Intellectual Property of the Republic of Armenia (McDONALD'S).

Contractor Infringes an Architect’s Copyright in The Netherlands

  October 7, 2016     By AMS Advocaten
It is not unusual that a contractor is declared bankrupt during a construction project. Most of the time, the project is continued by another contractor. But what about the architect’s copyrights on the design in this situation? Can the new contractor simply use this design?

Post-Grant Amendments from Methods of Treatment to Swiss-Style Claims in Singapore

  October 5, 2016     By Mirandah Asia
This is a landmark patent case heard in the Singapore High Court by Justice George Wei. The plaintiff’s patent contained method of treatment (MOT) claims which are not patentable under Singapore Law. The plaintiff sought the Court’s leave to amend the MOT claims to Swiss-style claims, and the defendant opposed the amendment.

Corporations in Panama

  October 6, 2016     By Acabogado PTY
Panama has a Corporations Act, which facilitates business and investment, so it is recommended to entrepreneurs take advantage offered by this type of society, when starting your business.

Thailand Trademark Act Amendments

  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.

You Can Stop Trademark Infringement

  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?

Music May Be Less Widely Available in the Future. Here's Why.

  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.

Trademark Protection: Registration and Enforcement in Israel

  September 13, 2016     By Barnea & Co. Law Offices
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.

New Directive in EU Law on Trade Secrets and Know-how

  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.

Kazakhstan: Overcoming Provisional Refusals of International Trademark Registration

  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.

What Is Fashion Law?

  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.

Protecting Pharmaceutical Brands in China

  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.

New General Data Protection Regulation in Romania

  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.

New Domain Extensions: Benefits and Opportunities for Businesses in Latin America

  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.

Google Books Is Legal, Making Information Free

  August 9, 2016     By The Lomnitzer Law Firm
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?

Alcohol, Language, and the Law

  August 9, 2016     By The Lomnitzer Law Firm
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.

Social Media with a Side of Litigation

  August 9, 2016     By The Lomnitzer Law Firm
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.

The "Blurred Lines" of Copyright Law

  August 9, 2016     By The Lomnitzer Law Firm
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.

The Paperwork of Building Permit in Ukraine: Recent Developments

  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.

Final Decision over the “TWG” Trade Mark Dispute in Hong Kong

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".

Is the Selling of Pictures of Sculptures or Other Art Prohibited?

  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.

Important Facts of Franchise and Licensing Agreements in Latin America

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.

Methods of Intellectual Property Protection for Software Products in Ukraine

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.

Copyright Registration – A Prerequisite for Infringement Litigation

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.

Trademarks in Turkey

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”).

EGC: Winnetou to Retain Trademark Protection for Time Being in the EU

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).

Red Biotechnology: Legal Compatibility Is Color-Blind in the EU

“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

Green Light on the New Veterinary Medicinal Products Legislation in the EU

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.

Jaguar Files a Copyright Infringement Case in China

  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.

EGC: “Spa” Not A Community Trademark For Cosmetics in the EU

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).

Revolution in the Judicial System of Ukraine

  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!

Cancellation, Termination of a Trademark Registration in Vietnam

Many individuals and big companies in the world want to protect their trademarks Vietnam, Laos, Cambodia and Myanmar.

Trademark Opposition Procedures in Vietnam

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.

Examination Process of Trademark in Vietnam

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.

Filing Guidance for Trademark Registration in Vietnam

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.

Role of a Trademark Agent and Trademark Attorney in India

  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.

What Cannot Be Registered as a Trademark in India?

  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.

Can Liability Be Excluded in an Exoneration Clause in the Netherlands?

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.

Update: Myanmar Trademark Practice

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.

Comparative Advertising Featuring Third-Party Trademark May Be Permissible in Germany

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).

The Defend Trade Secrets Act: A Powerful New Tool For Business Owners

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.

Apple Battles iPhone Trademark Applicants in China

  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.

Domain Name Dispute Resolution

The administrative procedure for domain name dispute resolution, which procedure is an alternative to the long and expensive judicial procedure before the court.

China's New Provisions on Court Appointed Experts in IP Cases

  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.

BGH on Registering a Trademark in Bad Faith in Germany

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).

Trademark Registration Requirements in Uganda

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.

Opposition to Trademark Registration in Uganda

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.

Trademark Maintenance: How Do I Maintain a Registration?

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.

Authentication, Simplification, Granted IP Status in Latin America

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.

Drones and the Challenges of Intellectual Property

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.

Associated Trademarks in India

  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.

Trademark Law: Community Trade Mark Becomes European Union Trade Mark

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.

Why and What You Should Patent?

  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.

What’s in a Name: The Battle For ‘Maruti’ in India

  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.

Florida’s Uniform Trade Secrets Act: What Does It Mean for Your Business?

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.

Simplification of the Trademarks Registration Procedure in the Polish Patent 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.

Telephone Directories May Not Always Be Protected by Copyright in Singapore

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 Tips for Choosing the Best Domain Name

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.

How to Tell If You Need a Florida Business Attorney

According to the Small Business Administration, there are roughly 600,000 new businesses started in the U.S. every year.

EU Trademark Law: EGC Dismisses Action Brought by a Soft Drinks Manufacturer

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).

Remedies for Cybersquatting

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.

European Court of Justice: Two Side Stripes on Sports Shoe Not a Community Trademark

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.

Protection of Foreign Trademarks against “Passing Off” in Bangladesh

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.

Protecting Trade Secrets Using Employment Agreements

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.

Trademark Protection

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.

BGH to Rrule on Dispute over Red Colour Trademark in Germany

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.

China’s Updated High and New-Technology Enterprise Program

  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 [2016] 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.

Safe Harbour Provisions in China’s Intellectual Property Guidelines

  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.

FINRA Investigations Under Rule 8210

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.

Note on Data Protection in Turkey

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

6 Legal Snares That Could Hurt Your Business

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

China Issues a Draft of its New Law Against Unfair Competition and Passing Off

  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.

Trademarks Registration in Jordan

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.

Intellectual Property in Dubai

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.

European Trademark Law: Crocodile Snaps its Jaws Around a Caiman

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.

Plagiarism – [In]Decent Recognition In India

"When you have wit of your own, it's a pleasure to credit other people for theirs.” ― Criss Jami, Killosophy

Legal Aspects of Patent Wars and Patent Trolling in the Ukraine

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.

How to Clarify the Exact Scope of Goods and Services after Registration of an European Trademark

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.

Trade Mark Enforcement in Albania

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.

Patent Infringement – Initial Considerations in Defending a Claim in the UK

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.

New Legislation Affects Tax Advantages Regarding Intellectual Property Transactions in Panama

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.

Protecting Trade Marks in Spain

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.

Current Patent Structure in India: A Boon or Bane for the Pharmaceutical Sector

A detailed analysis on cases that outlines the importance of compulsory license in India and clear the myths surrounding it.

Collective and Certification Trademarks in Bulgaria

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.

Five Important Actions to be Taken Prior to Registering a Trademark in Bulgaria

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.

Trademark Monitoring – An Important Preventive Tool Every Trademark Owner Should Use

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 Trademark Applicants Are Advised to Conduct a Preliminary Trademark Search?

Why it is important a preliminary trademark search to be performed.

Understanding Patent Abandonment Rules in Indonesia

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.

Trademarks Registration Procedure in Bulgaria

A detailed description of the trademarks registration procedure in Bulgaria.

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