Opinion

“Amazon is trademark law”: America’s favourite company has changed the entire trademark system

A new academic paper argues that Amazon has upended the US trademark system with little public recognition, and that questions about trademark law in the modern age need answering.

20 July 2024

Brands show some Pride… and conviction

Our latest opinion column asks why brand owners scaled down their messaging in support of Pride Month this year, and explains why companies that are not genuinely committed to supporting LGBTQ+ inclusion risk falling out of favour with a wider array of consumers than they might think.

13 July 2024

Don’t let digital barriers block access to IP: why registries must prioritise web accessibility

Digital barriers must be overcome or they risk alienating users from the IP ecosystem, warns this week's Saturday opinion column.

29 June 2024

ASEAN Digital Economy Framework must include IP provisions

The IP community should be lobbying for the proposed ASEAN Digital Economy Framework Agreement to explicitly include IP-related provisions, urges this week’s Saturday opinion column.

22 June 2024

Is the distinction between IP firms and service providers becoming obsolete?

In this week’s opinion, we take a closer look at the trend towards law firms embracing technology platforms and tech-based solutions as part of their core identity.

08 June 2024

Next-level AI: does the rise of artificial general and super-human intelligence mark the end of IP?

Intelligence levels beyond AI as we currently know will require a complete rethink of intellectual property and the IP system, argues this week’s opinion column.

01 June 2024

European green advertising rules are good for brands

Tougher penalties and claim validation will give more weight to green ads done right, but murky guidelines leave pioneering companies guessing, argues this week’s opinion column

18 May 2024

TikTok has a chance to step up as a brand protection leader

This week’s opinion column urges the newly merged TikTok X Tokopedia to take the lead on IP protection efforts in Indonesia.

11 May 2024

"We don't have all the answers": EUIPO leaders, General Court judges and in-house experts reflect on the future of IP case law

The EUIPO's João Negrão, EU General Court and Board of Appeal judges, and in-house experts from Nestlé and Assa Abloy share their thoughts on the challenges that lie ahead for European trademark, copyright and design law, at the EUIPO's fifth IP Case Law Conference.

04 May 2024

Why the USPTO’s Lawful Use rule is well past its prime

In this week’s opinion, Ritter Spencer Cheng’s Chelsie Spencer argues that, by insisting that cannabis-related marks must be for use in lawful commerce, the USPTO is overstepping its statutory authority and applying its own rules inconsistently.

27 April 2024

Does the US SHOP SAFE Act go too far in shifting liability?

In this week’s opinion column, Megan Bannigan, Christopher Ford, Kate Saba and Hannah Beattie at Debevoise & Plimpton argue that the current provisions of the US SHOP SAFE Act, while well-intentioned, go too far in shifting liability onto e-commerce sites for online counterfeiting.

20 April 2024

Application of China examination guide puts brand owners with historically “tainted” marks in a vulnerable position

In this week’s opinion column, Simmons & Simmons’ Anna Li and George Chan warn that acquired third-party marks may be permanently “tainted” by the original owner’s bad faith and at risk of invalidation.

13 April 2024

INTA CEO has to call out those perceived as riding on the coattails of the Annual Meeting

An INTA video posted on social media this week has sparked debate across the trademark community. In this week’s Saturday opinion we reflect on why the video had to be issued, despite it likely upsetting some in the community.

06 April 2024

How generative AI has already upended the trademark industry

This week’s Saturday opinion column argues that practitioners need to be considering use cases for generative AI or risk falling behind.

30 March 2024

SEP regulation plans under renewed fire as UPC appeals judge questions EUIPO’s role

This week’s Saturday opinion column reflects on discussions that took place at this week’s IPBC Europe, where the European Commission’s proposed SEP regulation – and the role that the EUIPO is being asked to play – were a hot topic.

23 March 2024

Pandabuy, Superbuy: the anti-counterfeiting community must be aware of Chinese ‘shopping agents’

This week’s opinion column urges brand owners to pay attention to China-based shopping agents allegedly making it easier for Western consumers to buy fake goods online.

16 March 2024

“We must foster a culture of inclusivity”: IP leaders call for faster industry change

More needs to be done to foster a fair and inclusive working environment, argue high-profile women IP leaders, in this week’s opinion column.

09 March 2024

The Smiley Company offers a case study on how to raise IP awareness with a simple brand

In this week’s opinion column, CITMA vice president Kelly Saliger draws on the history of the Smiley Company to demonstrate how simple case studies can help to raise IP awareness.

02 March 2024

Are algorithms making trademarks obsolete?

A new academic paper argues that algorithms which do our shopping for us should make brand professionals consider how trademarks hold their value when no one sees them.

24 February 2024

How an IP head built a culture of female empowerment – starting with a high tea

In this week’s Saturday opinion column, Nutromics' head of intellectual property recalls the event that marked the beginning of a unique women's initiative, and argues that female leaders who are vulnerable can be the best mentors.

17 February 2024