WTR 10

WTR 10

WTR 10

Coming of age

In the past 12 months the Irish Trademarks Act 1996
has been amended for the first time and the Irish
courts have issued an exceptional number of decisions
– all of which translates into a more sophisticated legal
environment for brand owners

Niamh Hall
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Columns

Trademark managementBeware the ambiguous licence termination clause

Licensing should create a win-winsituation for both licensor and licensee,but things can still turn sour. Therefore,all licensing agreements should containunambiguous termination provisions thatclearly define which conduct constitutes afundamental breach

The view onlineWhat you need to know about ‘.asia’

Registering your marks as domain namesunder ‘.asia’ may not be a necessity from amarketing point of view, but the risk ofcybersquatting should make you think twice

Counterfeiting perspectivesFighting counterfeiters in Italy – a step in the right direction

Italy is a hotbed of counterfeiting – in termsof both production and consumption.A newly created High Commission may bewhat the various Italian anti-counterfeitingorganizations need to coordinate andrationalize their efforts

Brands from the frontlineFrom the cradle to the grave

While human life expectancy is on theincrease, that of cosmetics trademarks isdwindling. This requires a new approachfor the trademark lawyers protectingthese brands

Features

Philippines making headway

Following a shift of emphasis from the government,the Philippines has made significant progress toimprove its IP rights protection regime in the pasttwo to three years

Money and mayhem

Brand extensions and celebrity endorsements can bethe easiest route to a rapid increase in revenue. But assome companies have found out, they are notguarantees of success

The strong man at Europe’s door

The trademarks services of the Turkish Patent Institutehave improved considerably over a very short period,particularly in terms of processing speed. But issuesremain as to the quality of some decisions

Brazil’s franchising boom

With a growing economy and large population, Brazilis now a key market for rights holders looking todevelop their franchising arms. However, brandowners seeking to cash in need to be aware of theirrights and obligations

Services market in Turkey flying high

Turkey is shedding its image as a counterfeiting huband is proving that it is a serious player in the IP rightsarena. The rapid development of its legal servicesmarket highlights the progress made so far

Meeting the global IP challenge

The head of trademarks and related matters at theWorld Intellectual Property Organization shares hisviews on recent developments and what lies ahead forthe international organization

The perils of attraction

As a brand it looks as if Playboy has it all. Strong marks and adistinctive logo have made the company a licensing powerhouse.However, this also makes them attractive to counterfeiters

News

News

Country correspondent

Advertising

The use of another party’s trademark in advertising remains controversial in the online context. The US courtshave yet to come to an agreement as to the legality of practices such as keyword advertising

Advertising

The relationship between trademarks and advertising has its complexities, prompting questions such as whenusing another party’s trademark in advertising constitutes an infringement, whether a slogan can be registeredas a mark and what advertising uses will suffice to maintain rights in a mark

Advertising

Advertising in the European Union is heavily regulated – at both general and specific levels. Brand owners andtheir counsel need to be familiar with at least the two directives that regulate advertising across all fields

Advertising

It is still unclear when use of another party’s mark in advertising is infringing under UK law. That is why theEnglish courts have referred a number of questions on this issue to the European Court of Justice

Advertising

Brand owners must consider the risk of breaching unfair competition law when advertising their products. Luckilyfor advertisers, the Supreme Court has issued two decisions that relax Germany’s stringent law in that regard

Advertising

Two sets of regulatory frameworks govern advertising practices in Italy. One is self-regulatory, the otherlegislative. Brand owners looking to promote their products or services in Italy and those advising them needto be fully aware of both systems

Advertising

Ten years ago, comparative advertising featuring third-party marks was unlawful in Benelux.The implementation of the EU Comparative Advertising Directive has forced a change in thinking, but thecourts still maintain a relatively strict approach

Advertising

Advertising in Mexico is highly regulated and IP law forms part of the framework governing this area.Brand owners should familiarize themselves with the rules and protection available before embarking on anadvertising campaign

Roundtable

Building the brand

Four experts discuss some of the crucial issues affecting brand creationand management

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