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  • Having spent years litigating IP matters, I have shared the frustration of clients who have been forced to intervene in administrative litigation because they are being frivolously accused of having committed an administrative infringement; their trademarks have been misappropriated; or their IP rights are being attacked in an ungrounded manner, through counterclaims that are filed in response to infringement actions previously filed by the owner of the IP right.
  • Office actions are issued by the Thai Department of Intellectual Property (DIP) on grounds of non-distinctiveness or identical/similar character to a well-known and/or registered mark. However, the procedure for evaluating the response is different from other jurisdictions, making Thailand a difficult territory for IP protection.
  • While we're all debating how websites that aid the sharing of copyright-infringing content should be controlled, we might as well have some fun, right? It was in this spirit that Utynam read file-sharing website PirateBay's response to a cease and desist letter from games company EA. And it is the spirit in which he reproduces some of it here. Because it is very funny.
  • US trade mark law offers parties the ability to oppose the registration of a mark that is considered to be primarily geographically deceptively misdescriptive. That is, a mark that consists of a term that has a geographic significance but is used in connection with products that do not originate from that location. This right is embedded in US law because any mark which is likely to cause consumers to believe that the goods sold under the mark originate from a geographic place when they do not, in fact, originate there, is potentially misleading. Similarly, a party that actually offers products from the geographic location identified may be damaged if a competitor is allowed to use and register that location as a mark for products originating elsewhere.
  • Most co-marketing and co-promotion deals in developed markets fail within five years. Richard Bird and Ma Ya explain how to structure deals that will succeed in China
  • Colombia has deposited its instrument of accession with WIPO as part of the process to join the Madrid system on international trade mark registration
  • Riki Kishimoto gives his recommendations for trade mark enforcement in Dubai and Saudi Arabia, including working with Customs, police and local investigation agencies
  • At the INTA Annual Meeting in Washington, DC, a record number of attendees heard sea stories, arguments and polar bear paradigms. Managing IP reports
  • A few simple steps could prevent you losing the rights to a valuable trade mark in China, say Zhu Zhigang and Paul Ranjard. They include a notarised contract, an exclusive licence and strategic discretion
  • French industry organisation Comité Colbert has teamed up with Cartier, Chanel, Christian Dior, Lacoste, Longchamp, Van Cleef & Arpels and Louis Vuitton to launch an anti-counterfeiting campaign targeting tourists in search of discount French designer brands
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