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In the first of a series of articles looking in more depth at the findings of the Brand Benchmarking 2018 report, we examine trends in China and East Asia. East Asia (comprising China, Japan, Korea and Taiwan) features prominently in the latest Brand Benchmarking report, while China specifically tops the list of challenging jurisdictions but also – more reassuringly – is rated as the country doing most to improve trademark protection.…
On August 10, the Mexican Trademark Law Reform came into force. As reported in our previous posts, the Trademark Reform brings a range of largely positive changes for brand owners, including: protection of “non-traditional marks”, namely holographic signs, sound and smell marks mandatory acceptance of consent letters and coexistence agreements refusals on descriptiveness/lack of distinctiveness may be overcome by arguing “secondary meaning” (acquired distinctiveness due to its use) oppositions will become binding and the Mexican…
  Certification marks are part of national trade mark law in a number of Member States and since the reform of European trade mark law, the EUTMR now covers them under articles 83 to 93. According to article 83 paragraph 1 EUTMR a certification mark is “capable of distinguishing goods or services which are certified by the proprietor of the mark in respect of material, mode of manufacture of goods or performance of services, quality,…
Copying an image from a website and using it for one’s own purposes, e.g. the illustration of a memo which eventually happens to be uploaded to another website – this happens a hundred times every day. However, such conduct is a copyright infringement. This is the clear answer the Court of Justice of the European Union (CJEU) has just given in a truly remarkable judgement (judgement of 7 August 2018, C-161/17 – Córdoba).…
Brand, mission and positive social influence. The world is changing. Brand value, revenue, cost of capital and talent retention are increasingly driven by those brands that successfully position themselves as positive social influencers. A new generation of conscious consumers, investors and organizations are looking to partner with brands that reflect their own values and beliefs. This means that successful brands must integrate social purpose into everything they do – from investment in the local community to…
3D printing is transforming certain industries – so why hasn’t it been widely adopted in the pharma sector? There are likely to be a number of barriers to entry for 3D printing in this field, including identifying how to make it economically viable. Whilst a number of the key patents relating to 3D printing have expired and certain 3D printers have become cheaper, the printers and inks required for the 3D printing of pills are…
Over the first half year, we have covered a number of high profile cases heard before the General Court (GC) and the European Court of Justice (CJEU). Here’s a quick roundup of the cases with a takeaway summary for each:   Preliminary ruling on designs which are solely dictated by technical functions “The court considered the appearance of a product to be the decisive factor for a design, despite the fact that it is not essential…
We are running a series of webinars to help you stay up to date with Intellectual Property news and developments in the Asia Pacific region.  So far we have held webinars on the areas listed below. If you were unable to attend live, the recorded version of these webinars can be accessed at the sign-up links: Parallel imports: Good, bad or ugly? – Recording Trademark litigation in Asia: strategies that can pave your way to success – Recording Creatively…
Join us on 16 or 21 August for the fourth in our LimeGreen Live webinar series in conjunction with the Hogan Lovells Consumer Industry Sector Group. This webinar will explore the IP opportunities and risks for businesses operating in, or looking to enter the wearable technology market. Our presenters will discuss the lifecycle of a wearable technology product, from building or acquiring an IP portfolio, branding considerations and new types of legal risks relating to SEPs, to commercializing your technology…
Nobody likes to think about crisis management, and more often than not, businesses aren’t prepared to respond effectively when a disaster strikes. A poorly managed crisis can have a huge impact on your brand’s reputation, so planning for one is crucial. A tried and tested methodology will put you in the best position to approach the situation strategically and enable you to coordinate an ordered response that protects your brand. The rise of social media…