Features
The first raft of changes to the EU trademark system are now in effect, having been implemented in March in exemplary fashion. The EU Intellectual Property Office’s next challenge is to repeat the trick for the remaining changes
Asia-Pacific is leading the world when it comes to IP collateralisation. Singapore’s groundbreaking IP Financing Scheme recently saw the approval of its first patent-backed loan – and hopefully, lending against trademarks is not far behind
Multiple issues are affected by the decision of where to hold a business’s IP assets. As such, analysis of the legal, tax and business considerations is merely the starting point
Against a backdrop of inflated official and law firm fees, rights holders need to engage in benchmarking exercises to ensure they are not overpaying for renewals
Ground-breaking decisions have made merchandising rights a useful tool in the battle against bad-faith trademarks
Recent fee increases are just one area of change creating challenges for brand owners in the Middle East and Africa
There have been a number of instances of defunct brands being reintroduced into the marketplace in recent months. However, current case law on the topic of residual goodwill is inconsistent at best and – whether original owner or resurrector – there is much to consider
Counterfeiting is a serious problem in Africa. While laws are in place to tackle illicit trade, practical enforcement is often complicated by local capacity and attitudes
The past year has been a busy one in Alicante. In addition to expanding its tools and activities, the EU Intellectual Property Office had to prepare for the changes ushered in by the European trademark reform package. In this year’s annual survey, we asked users to assess its performance during this period of change
The international rules on ambush marketing and promotional activities surrounding sports events present a complex maze for counsel to navigate
Trademark counsel from laws firms across 20 jurisdictions in Europe provide an overview of the performance of their countries’ EU trademark courts
Columns
The Brazilian courts have handed down a number of positive decisions for rights holders, mitigating the impact of lengthy delays at the Brazilian Patent and Trademark Office
To date, no liability has been attributed to brand ambassadors where the brands they endorse have failed to live up to expectations. However, that could be set to change
Trademark-related quotes, opinions and observations from around the globe
The impact of Brexit on trademarks is still unclear. Might brand owners be better served by a European system which maintains the principal features of the current system, but applies them to smaller groupings of territories?
Country correspondent
While cease and desist letters work well for small, localised issues, where false advertising is rampant across China, other protective measures must be taken
While comparative advertising has a direct impact on competitors, misleading commercial communications may indirectly affect third parties’ products and image, resulting in a tort of unfair competition
IP law balances protecting individuals and companies from unfair use of their endeavours with promoting healthy competition – and comparative advertising clearly demonstrates this balance
A robust legislative framework governs this controversial yet popular form of marketing in Europe, and a wealth of case law can be drawn on to determine whether comparative advertising is lawful
The first Turkish regulation allowing comparative advertising is due to come into force by the end of 2016. But what will it mean for rights holders?
Several recent cases suggest that the most likely group to take action against misleading advertising may no longer be regulators or competitors, but disgruntled consumers acting as a class
Provided that you take care, it is quite possible to stay on the side of nominative fair use of a third-party mark, without straying into likelihood of confusion territory
Comparative advertising is allowed as long as the advertiser seeks to portray the advantages of its product in a truthful and honest manner. However, the courts have mixed views of puffery
Recent decisions, relating mainly to audiovisual advertising, reflect the regulators’ willingness to tackle misleading and comparative advertising
Most comparative and unfair advertising campaigns are designed to denigrate the quality or reputation of a competitor’s goods or services. Fortunately, remedies are available
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