Country correspondent
Thorough investigations and careful evidence collection are at the heart of any successful anti-counterfeitingcampaign in China. But flexibility is also key
A new law enacted on October 29 2007 brings the French IP provisions into line with the EU IP RightsEnforcement Directive. The new provisions, some of which go beyond the directive’s requirements, bringsignificant changes to IP practice in France
One of the fastest-growing industries in India, the software and IT industry, is also one of the most affected bycounterfeiting and piracy
A comprehensive legal framework and efficient enforcement by the courts mean that protection againstcounterfeiting is very effective in Germany. However, the onus is on brand owners to protect their rights
Seizures by Customs in the European Union increased by 40% between 2005 and 2006 and are continuing togrow. Although legislation has been introduced to tackle counterfeiting across the European Union, far moreneeds to be done to prevent the initial production and sale of infringing goods
Italy enjoys the dubious honour of being at the top of the list of producers and consumers of counterfeit goodsin Europe. However, recent efforts may change this situation
Until relatively recently, the Dutch authorities had a somewhat laissez-faire attitude to counterfeiting.The belief was that rights holders should protect their economic interests themselves. Now, though, attitudeshave started to change
Mexico is a large consumer and producer of counterfeits. However, this should not discourage brand ownersfrom devising anti-counterfeiting programmes, as Mexican legislation provides the necessary tools
Although the United States provides a good legal framework to fight counterfeiting, depending on the legalsystem alone is often not enough. US brand owners must be diligent in the prevention of the manufactureand distribution of counterfeit products
Mark owners seeking to protect their rights against counterfeiters should follow the money trail. New rules onasset freezing orders in Australia will help them along the way
Roundtable
Germany is the biggest and most affluentcountry in Europe. That makes it a vitalmarket for companies from across theworld. However, while Germany is amember of the European Union and should,therefore, follow standard EU trademarkpractice, there are certain nuances to theway the law is interpreted and enforced thatcould spell trouble for anyone failing to callupon the expertise of local counsel. And forthose used to working in a common lawjurisdiction, the fact that Germany is a civillaw country brings other factors into play
Features
In early 2007 the ECJ issued a decision on the use of anautomobile manufacturer’s mark by a third party onits toy cars. The decision supposedly clarified whatconstitutes infringement under Article 5(1)(a). One yearon, some are now arguing that the ruling may haveunforeseen consequences
Starbucks suffered a dip in profits last year.Nonetheless, plans for the global colonization of itsbrand remain in place and the IP department willcontinue to play a key role in realizing this aim
Much has been said in recent months about thepotential for trademark abuse on virtual realitywebsite Second Life, but what exactly do brandowners seeking to protect their rights need to know?
Microsoft’s plan to buy Yahoo! raises a number ofimportant branding and trademark considerations interms of both the minutiae of the deal itself andthe implications for the online advertising market
As a link between the United States and the HagueAgreement is likely to become law soon, it is time totake a look at design protection in the United Statesand the effects that the link is likely to have
The Trademark Office is tackling one of the world'sworst examination backlogs and practitioners areworrying about the effects that the Madrid Protocolwill have on their revenue streams. Yet the Braziliantrademark market still holds promise for all itsstakeholders
Columns
A trademark lawyer at BP gives an insightinto how the energy company obtainedtrademark rights in the colour green and isnow protecting it as one of its mostvaluable brands
A new anti-counterfeiting bill wasintroduced in the US Congress in December.However, it is meeting some resistance
A New York federal court is considering theissue of contributory trademarkinfringement online while another US courtrevisits the issue of keyword advertising
Recent developments mean thattrademark owners should make plansboth to develop their brands’ presence andto protect their rights in (and from) Africa
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