Insights
Balmain case highlights risk of using specialised public with low distinctive character marks
By AWA | Posted on April 20, 2020
Balmain’s appeal to the General Court demonstrates that applicants should not rely on a specialised public for goods or services when applying for a trademark Background Balmain is a French luxury fashion house founded in 1945, which operates globally across 16 stores. In addition to its iconic logo and coat of arms, Balmain uses a lion’s...
Tags: Balmain, enforcement, EU, General Court, IP, trademarks
Protecting against digital trademark infringement
By AWA | Posted on March 31, 2020
Over the past few years, digitalisation has brought immense business opportunities with new commerce concepts and marketing possibilities constantly appearing. Digital development also creates vulnerability and increases threats to businesses. If companies fail to protect themselves, they risk brand dilution and losing market competitiveness. In a recent survey from trademark research and protection organisation CompuMark,...
Tags: advertising, digital assets, domain hijacking, domain names, Infringement, social media, trademarks, UDRP
German Court finds Unified Patent Court legislation unconstitutional
By Niklas Mattsson | Posted on March 20, 2020
Today, the court tasked with upholding Germany’s constitution, the Bundesverfassungsgericht, has issued its long-awaited decision on a complaint against ratifying the Unified Patent Court Agreement (UPCA). The Court’s decision upholds the complaint, finding that the German legislative act that ratifies the UPCA does indeed contravene the German constitution. The German Federal President is now prohibited...
China’s upcoming amendments to the Patent Law include punitive damages
By AWA | Posted on March 19, 2020
Last year saw a wave of legislative activity in China. The effects are being felt as different pieces of legislation become effective. The resonating theme is that China is putting an IP protection framework in place that meets the demands of both foreign parties and domestic entities. This can be seen in particular with the...
Tags: china, Infringement, IPR, ISPs, patents, PRC Patent Law, punitive damages
Supreme People’s Court reverses position on OEM trademark use in Honda case
By Ai-Leen Lim | Posted on March 16, 2020
China’s highest court has reversed its stance on trademark use from original equipment manufacturers (OEMs) in this landmark case brought by Honda Background Honda owns China trademark registrations in relation to motorcycles and other goods in Class 12 for the following marks: Chongqing Heng Sheng Group Limited (Heng Sheng) contracted with the Burmese Meihua Company...
Tags: china, Dongfeng, Honda, IPR, OEM, PRETUL, SPC, trademarks
UK is out of the Unified Patent Court
By Niklas Mattsson | Posted on March 2, 2020
The United Kingdom’s government has confirmed to industry publication IAM-Media that the country will not be a member of the Unified Patent Court system. A spokesperson for the government stated: “I can confirm that the UK will not be seeking involvement in the UP/UPC system. Participating in a court that applies EU law and bound...
PPH network reaches over 50 members as India and Saudi Arabia join
By Troels Peter Rørdam | Posted on February 3, 2020
The ever-expanding Patent Prosecution Highway (PPH) network has gained two new additions. AWA Point sums up the new members and opportunities. Two new authorities with large economies have entered the PPH, providing the ability to speed-up and simplify examination of patent applications. The new additions are India and Saudi Arabia. For a given PPH-agreement,...
Tags: applications, India, patents, PPH, prosecution, Saudi Arabia
EUIPO figures reveal that trademark infringement is an expensive business in Denmark
By AWA | Posted on January 20, 2020
The 2019 Status Report on IPR Infringement from the European Union Intellectual Property Office (EUIPO) reveals that the annual sales lost due to counterfeiting in Denmark amount to €828 million. This represents 4.2% of the total sales in the 11 sectors covered by the report, which included cosmetics and personal care, clothing, footwear and accessories and pharmaceuticals....
Tags: cosmetics, counterfeits, Denmark, EUIPO, Infringement, personal care, Pharmaceuticals, trademarks
Alibaba’s DOUBLE 11 trademark: JD.com sues China’s IP authority
By Ai-Leen Lim | Posted on January 6, 2020
Singles’ Day falls on 11 November in China. Since 2009, it has become a 24-hour shopping extravaganza, with international and local brands offering discounts. China’s biggest e-commerce company, Alibaba, hit a record $38 billion in sales this year, with $1 billion worth of goods sold in the first minute and eight seconds. The online direct...
Tags: Alibaba, china, CNIPA, consumer goods, Double 11, enforcement, JD.Com, trademarks
Amended Canadian Patent Rules Effective
By AWA | Posted on December 20, 2019
On October 30, 2019, amendments to the Rules Respecting the Patent Act (Rules) and the Patent Act (Act) became effective in Canada. The amendments have far-reaching impacts on Canadian patent practice in terms of filing and prosecution. PCT – National Phase Previously, a PCT application could enter the national phase in Canada within 42 months...
Tags: Canada, CIPO, examination, IP, national phase, patents, PCT, priority
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