Columns
As IP crime moves up the politicalagenda, no one seems to be willing todiscuss the real reason why activitiessuch as counterfeiting are so attractive
National trademarks within the EuropeanUnion supposedly offer the same level ofprotection as the same sign registeredas a Community trademark, albeit for alimited territory. But some oddities in thesystem mean that, in the case of Benelux,a national registration may offer morepossibilities than a Community one
The tendency to use descriptive terms todesignate new products is something allin-house counsel must work against, butthe problem is particularly acute in thefood industry, where marketeers justifysuch use by saying that consumers wantto know where their food comes from
The widespread practice of ‘keying’(ie, selling keywords to advertisers) raisestrademark liability issues that remainunresolved in most countries
Features
Mexico has a developing market for legal services inrelation to trademarks, which has doubled over the past10 years. Filings from foreign mark owners have beenthe mainstay of business for many of the big players,but the likely ratification of the Madrid Protocol andother changes may see a change of emphasis
An ECJ decision issued in July 2006 has brought an endto forum shopping in cross-border patent litigation inEurope. There could be major consequences for CTMowners too
Although IP laws were among the first statutes tobe adopted after the disintegration of the SovietUnion, they did not work overnight. The localeconomy needed to grow first and people needed toget used to a new reality. But the perception remainsthat the current situation still reflects the early daysof the new regime, even though significant progresshas been made in the field of IP protection
Two major US securitization transactions involvingsizeable trademark royalty components may finallyprovide the impetus for the lagging IP securitizationmarket to take off
The LEGO Group has become theleading producer of constructiontoys worldwide thanks to itsfamous rectangular plastic brick.But protecting the shape ofthe toy is proving tricky
The landscape of trademark practice in Brazil ischanging rapidly, with the national IP office constantlyadopting measures to try and improve trademarkprosecution – often with mixed results – and variousstate and federal bodies moving up a few gears in thefight against counterfeiting
Mexico is a big country so it is little surprise that it hasa national IP office to match. With four regional officesand an unusually broad remit, the Mexican Instituteof Industrial Property is leading the way in protectingand promoting the country’s trademarks
Roundtable
Probably no country in the world has had its trademark regime moreheavily scrutinized than China. Even so, it can be hard to separate factfrom fiction. In this roundtable, four experts give it a go
