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Articles

Dez 03, 2020
James YANG, Partner, P. C. & Associates, China
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Highlights Overview on the Latest Amendment to the Copy...

On November 11th, 2020, the latest amendment of the Copyright Law has been passed by the Standing Committee of the National People’s Congress of the PRC (hereinafter the “Amendment”), which will come into force from June 1st, 2021. The Amendment is made in response to the major changes in the developments of technology, the dissemination channels of works and the cultural industries in the past decade. It is provided in Article 54 of the Amendment that “as to the willful infringement upon the read more

Dez 03, 2020
Caroline Guy, Therrien Couture Joli-Cœur, Canada
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Trademark Updates for Canada

As of January 1st, 2021, the Canadian Intellectual Property Office (CIPO) will increase certain fees related to trademarks and other intellectual property rights by 2%. For example, the fees for filing a trademark application will increase from $330.00 to $336.60 for the first class and from $100 to $102 per additional class. This is not a significant increase that could affect the decision of whether or not to file an application, such as the United States Patent and Trademark Office increasing the regular electronic filing fee from read more

Nov 19, 2020
Simon Casinader, K&L Gates LLP, United Kingdom
Ravena Guron, K&L Gates LLP, United Kingdom
First published at www.iplawwatch.com

Putting Position Marks Front and Centre: CJEU Considers...

In a recent Court of Justice of the European Union (CJEU) ruling, based on a referral from the Stockholm Court of Appeal, the CJEU considered whether the distinctiveness of a sign that is to be applied to specific services should be assessed with regard to what is customary in the relevant sector. The Court clarified that, in the context of trade marks for services, the assessment of a sign's distinctiveness should not always involve an assessment of norms and/or customs of the sector. In November 2016, Östgötatrafiken, a Swedish transportation company applied for trade marks described as "position marks" for various services produced by means of vehicles and transport. The marks would consist of coloured ellipses of different sizes and placed into certain positions on buses and trains (see below for a few examples of the marks that were filed). Importantly, the position marks are affixed in a particular way to buses and trains used to provide transport services, but the shape of those vehicles were not the subject of the read more

Nov 05, 2020
Vicente Campodonico, OMC Abogados & Consultores, Peru

Bad faith as a cause of trademark irregistrability in C...

Bad faith at the time of registering a trademark is one of the classic figures of law within the field of Intellectual Property and a critical issue in China that causes great concern not only for the Popular Republic itself, but also for foreign companies that have this country in their sights. The increasing expansion of foreign brands in the Chinese market has led to problems regarding the protection of them and, consequently, of their owners. The number of applications for registered distinctive signs has exceeded read more

Okt 08, 2020
Alisha Wang, P. C. & Associates, China
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Legal Avenues of Handling Trademark Infringement Suspec...

Trademark crimes stipulated by the PRC Criminal Law are different from the general trademark infringement acts in terms of regulation scopes, degrees of severity, evidence requirements, etc. When the trademark infringement is suspected of a criminal crime, the trademark owner can directly report or make a complaint to the public security organ, or advise the civil tribunal to transfer relevant criminal clues and evidence to the public security organ to start public prosecution procedure. Alternatively, the trademark owner read more

Okt 07, 2020
Anca Draganescu-Pinawin, IP Counsel, Novagraaf, Switzerland
First published at www.novagraaf.com

Threats with a smile: The cease-and-desist letter in a ...

On 23 September 2020, Bill Murray was sent a cease-and-desist letter by Peter Paterno of the law firm King, Holmes, Paterno and Soriano LLP, representing the rock band the Doobie Brothers. The letter called out William Murray Golf, the apparel brand set up by Murray and his five brothers (in a nod to one of his career-defining roles as a deranged gamekeeper in Caddyshack), for using the Doobie Brothers’ song Listen to the Music, among others, without permission. Given the dry, even stodgy phrasing one might expect read more

Sep 24, 2020
Ms María Kristjánsdóttir, GH Intellectual Property / LEX, Iceland, GH Intellectual Property / LEX, Iceland

Amendments to the Icelandic Trademarks Act

On 1 September 2020, Icelandic act no. 71/2020, amending the Icelandic Trademarks Act no. 45/1997, entered into force. The amendment act was approved by the Icelandic Parliament on 12 June 2020. The act implements the European Union trademark directive 2015/2436 into Icelandic law. It contains various new provisions and harmonizes the EU and EEA trademark systems, not only regarding trademarks but also regarding collective marks and guarantee and certification marks. A new supplementary Trademarks Regulation read more