Features
When seeking IP insurance cover, rights holders can take a number of steps to reduce the cost of their premiums
Recent decisions involving the application of established trademark principles in infringement and opposition proceedings in South Africa are proving a cause of some concern
The rise in numbers of trademark cases is good news for brand owners operating in sub-Saharan Africa and should help to develop a robust body of case law for this area
Today the issue is not whether a law firm will suffer a cyber intrusion, but when. Therefore, the critical question for every law firm is how well it will respond when the inevitable happens
Various factors influence the choice of an effective enforcement strategy. However, deciding on the wrong venue can result in delays and unnecessary costs
Australia has been at the forefront when it comes to alternative business models in the legal services market. As IP practices get in on the act, big changes could be on the cards for counsel and clients
In the new social media landscape, corporations are more susceptible than ever to external attacks. What can brand managers do to avoid long-term reputational damage and restore value quickly in the event of a crisis?
October 2017 will see the introduction of EU certification marks. The launch of this new right will require careful planning and will have a significant impact on existing trademark practice
To many western rights holders, China remains a mysterious market; but there is more going on than licensing associations and the media would suggest
In assessing the value of brand-related assets, a number of fundamental steps must be taken. The picture becomes more complex depending on whether distressed or non-distressed assets are being assessed
When will trademark infringement suits with typical accompanying claims trigger insurance coverage – and when do exclusions apply?
While the UK Court of Appeal has opened the door for broadband ISP blocking to combat trademark or copyright-infringing activities, the picture in the United States, China and Hong Kong is more complex
While attorneys recognise the need to prepare for the worst potential outcomes when counselling clients and negotiating transactions, they sometimes fail to prepare for insurance management should the worst-case scenario come to pass
Even if you have a strong trademark programme in place, a regular rights audit is a fundamental requirement. However, it needs to be approached – and used – in the right way
In an age of tightened client purse strings and rapidly developing technology, the IP legal landscape is on the brink of an innovation revolution. While traditional business and pricing structures still prevail, many new models are shaking up the market – and some of them could represent the future of the industry
Columns
A Netherlands court has held that use of perfume comparison lists constitutes trademark infringement when it crosses the boundaries of comparative advertising
When it comes to trademark clearance, thorough searches are essential – but can free search tools give lawyers the functionality they need?
Trademark-related quotes, opinions and observations from around the globe
News
Country correspondent
The Turkish trademark regime not only provides wider protection for well-known marks, but has also established a special registry for such marks for advance acceptance of their reputation in any conflict
Well-known marks and famous marks are two distinct concepts in China – while a broader scope of protection is available for the former, famous certification is available only to marks registered by Chinese companies and citizens
The lack of a common definition of ‘well-known mark’ under international treaties has led to variations in interpretation and thus protection. However, EU legislation and case law continue to evolve in this area
While trademark dilution claims can be successfully asserted only by owners of famous marks, it is not always obvious which marks will qualify as famous
Well-known and famous trademarks can take advantage of additional protection in Mexico – although evidence of this status must be provided for marks to benefit
When it comes to the protection of well-known marks, Italy – which is home to some of the most famous design and fashion brands in the world – is in line with the European Union
Although famous marks are not specifically protected by statutory provisions in Canada, protection is available, provided that owners can prove the mark’s fame
Many companies now operate in a global marketplace and enjoy a strong international reputation for their famous brands. However, problems can arise where brands are not registered as trademarks in every country where they have a strong reputation
Recent case law from Indian courts confirms their pragmatic approach and bodes well for the protection of well-known marks in India, even when trademarks are not registered in the country
