Features
No Chinese company attracted greater international attention last year than Alibaba Group, thanks to its record-smashing listing on the NYSE. World Trademark Review sat down with Karen Law in Hong Kong to discuss the brands, the float and the ongoing fight against fakes
It has been over a decade since the Madrid Protocol came into force in the United States, yet many rights holders looking to extend protection still find the US use-based system confusing. Taking care over the initial application can be a wise investment
South Africa’s position as a leader in regional IP jurisprudence was cemented when a court handed down what is believed to be the first case dealing with Google’s AdWords programme on the continent
Design patents can be a powerful tool for protecting a company’s intellectual property – as illustrated by recent trends in enforcement – but a cohesive strategy is essential for such protection to work effectively
The UKIPO has published the findings of a study into the IP implications of 3D printing, presenting a number of recommendations for government and industry on how to prepare for the future
While it is still early days for the technology, the market is growing and a range of brands have already started incorporating 3D printing into their manufacturing, marketing and market delivery processes. Clearly, there is momentum behind the additive manufacturing revolution; and for brand owners, the technology brings both opportunity and risk.
In a case involving counterfeit contact lenses, a trader was able to rely on the defence under Section 49(i) of the Trademarks Act as there was no reason for him to suspect that the products were counterfeit. The decision may allow traders to more easily avoid criminal liability for dealing in counterfeits
While experts may disagree about the extent to which 3D printing will change the world, there is a growing consensus that this technology will shake up current models of IP protection and licensing
While co-branding can be an excellent way for brands to increase their revenue and break into new markets, several complex business issues need to be addressed before brands get in too deep
While administrative raids are a popular anti-counterfeiting tool, ensuring that they work smoothly and efficiently is another matter. This could well hinge on the rights holder’s relationship with the local administration for industry and commerce
The fashion industry experienced a sudden jolt when 3D printed pieces first appeared on the runway. This article addresses the likely impact of 3D printing technology on the fashion industry and considers what counsel can do now to prepare
While take-up of the Madrid Protocol across Latin America appears inevitable, progress has currently stalled. World Trademark Review investigates what WIPO can do to make a breakthrough
As 3D printing goes mainstream, so does the risk of protected works being copied. However, an existing IP right – industrial design – could prove key to fighting infringement
Protection for famous marks in the Middle East and Africa depends to an extent on national laws, but a growing body of case law in this area provides much-needed guidance for rights holders
Country correspondent
VILAU | ASSOCIATES
The 2010 amendment to the Trademark Law extended protection to all unregistered marks so that rights holders can oppose the use and registration of their marks by third parties
RNA Intellectual Property Attorneys
Indian courts have gone beyond the text of the statutes to protect the worldwide reputation that any trademark or commercial sign can acquire by virtue of its use, promotion or advertisement
Bugnion SpA
It is important that companies consider the treatment of packaging as trademarks and designs
Bereskin & Parr LLP
While rights in trademarks and other commercial signs can exist irrespective of registration, registration has many important advantages
Uhthoff, Gomez Vega & Uhthoff
While there are ways to protect unregistered distinctive signs in Mexico, rights holders would be well advised to ensure that the signs they use are registrable
Davis Wright Tremaine
By collecting and producing evidence of use and marketplace awareness, a trademark owner can develop strong trademark rights in the United States without the need for federal registration
Kangxin Partners PC
While there are legal grounds for protecting unregistered trademarks and other commercial signs in opposition and invalidation actions in China, each case will require careful management
Bross & Partners
While trade dress is not per se registrable, certain aspects are protectable under certain circumstances
Locke Lord
Passing off can be a useful supplement to registered trademark protection, although the evidential requirements can increase uncertainty and costs
Columns
As the Court of Appeal orders Interflora back to the High Court, there are fresh questions over keyword advertising and what exactly constitutes infringement
A first draft of India’s new national IP rights policy goes a long way towards addressing rights holders’ concerns, with many sensible suggestions. However, it is worryingly vague about the details of implementation
Trademark-related quotes, opinions and observations from around the globe
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