AWA
OEM activities in China do not amount to trademark infringement
By AWA | Posted on February 8, 2016
The PRC Supreme People’s Court has decided that OEM activities in China do not amount to trademark infringement (however, this does not seem to be the final word on the issue) A foreign brand owner has registered its mark in a foreign country, but not in China. Another unrelated entity has registered the same or...
Tags: OEM, PRETUL, SPC, Supreme People's Court, TRUPER, Zhejiang Higher People's Court
Moncler secured victory with a substantial Damages Award
By AWA | Posted on January 29, 2016
Italian brand Moncler secured victory against Chinese infringer with a substantial Damages Award In a so-called “landmark” decision by the Beijing IP Court, luxury down jacket maker Moncler secured a victory against Beijing clothing company Nuoyakate Gourmet Co. Nuoyakate was marketing jackets bearing marks similar to those of Moncler’s registered marks, and it registered numerous...
Tags: Guangzhou Intermediate People's Court, mockner.com, Moncler, Nuoyakate Gourmet Co
Exclusive competence of the UPC – is it time to develop opt-out strategies?
By AWA | Posted on January 25, 2016
The Agreement on a Unified Patent Court (UPCA), “the Court”, will enter into force four months after the 13th Contracting Member State has deposited its instrument of ratification. This date has been gradually moved forward from the beginning of January 2014. It is now anticipated for early 2017. Immediately upon its entry into force of...
Tags: EPC, European Patent Convention, SPC, unified patent court, UPCA
Reform of the European Trademark System
By AWA | Posted on January 18, 2016
After some years work on aligning and improving the European trademark system a new legislative package on trademarks has finally been accepted by the EU Parliament at the end of 2015. The new Trademark Directive is already in force, but needs to be implemented as national legislation within the next three years. The further course...
Tags: Community Trade Mark, CTM, EU Intellectual Property Office, EU Trademark, EUIPO, European Trademark, EUTMR, Office for Harmonization of the Internal Market, OHIM
The fight against fake drugs in Africa
By AWA | Posted on January 4, 2016
About 100,000 deaths a year in Africa are linked to the counterfeit drugs trade, according to the World Health Organisation (WHO). Sometimes counterfeit medicine kills directly, as in 2008 when 84 Nigerian babies given a teething mixture called ‘My Pikin’ were killed (the standard glycerin had been replaced with cheaper – and poisonous – diethylene...
Tags: anti-malarial drug, counterfeit medicine, Lonart DS, My Pikin, WHO
Names as trademarks – maybe not such a good idea!
By AWA | Posted on December 17, 2015
In Denmark the owner of a trademark cannot prevent others from branding themselves under their own name, as long as it is done in accordance with good marketing practice. This means that as long as the use of your own name does not lead to confusion, it is possible to trade under this name. Therefore...
Tags: Trademark
Change on climate and fast-tracking green innovations
By AWA | Posted on December 2, 2015
A while ago I wrote a blog post about being profitable and still doing good things for the climate. I believe that there are many inventors out there who have found really cool and smart solutions to many of the problems of today, for instance how to provide electricity to poor and rural locations, how...
Tags: climate-change, Dechezleprêtre, fast-tracking, green innovations, patents, recycling
Crowdsourcing or a maker – do you need to care about IP?
By AWA | Posted on October 30, 2015
In recent year’s crowdsourcing, i.e. inviting a community to take part in developing a new product or service has become increasingly popular. The instant feedback from the community allows for a rapid and agile development process, where everyone taking part in the development can feel great pride in the finished product. Simultaneously a movement called...
Unified Patent Court – one step closer to opening the Court
By AWA | Posted on October 26, 2015
On October 1 2015, a Protocol to the UPC Agreement was signed by first seven member states . It is open for signing by the remaining Signatory States of the UPC Agreement from this date. The aim of the Protocol is to allow for some provisions of the UPC Agreement to be applied early, i.e....
Tags: European patents, Patent, SPC, Supplementary Protection Certificates, unified patent court, UPC
Can innovative clean tech companies save the world…and still be profitable?
By AWA | Posted on September 10, 2015
Well, as we all know, innovation and research and development usually cost a lot of money, and the simplest incentive for innovations is often to earn more, or alternatively to save, money. Facing the threat of global warming, i.e. climate change, many new ideas have developed to make us less dependent on fossil fuels, to...
Tags: Clean tech, global warming, IPR, Patent
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