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Cannabis-related trade mark applications are soaring ahead of the slated enactment of legislation that will permit recreational use in Canada, while amendments to Canada’s Trademarks Act will also come into force early next year

The Ninth Circuit has found that a photo taken by a Nike photographer used to create the iconic “Jumpman” image is not substantially similar to a photo of Michael Jordan taken in 1984 because they only share similarities in general ideas or concepts

The EPO’s annual report reveals the top patent filers in Europe in 2017. Filing trends included a 5.8% increase in patent applications from the US

The Commission’s draft agreement gives an indication for intellectual property post-Brexit. The UK has not yet responded but disagreement is likely over issues such as geographical indications

Negotiators have struck a transition deal in a new draft of the European Commission’s withdrawal agreement that will help ease IP holder’s fears for their assets after Brexit

Recent intellectual property moves include Dechert’s Paris IP group head joining Dentons, while European boutique IP firm Hoyng Rokh Monegier and French patent litigation firm Véron & Associés are joining forces

This year's edition of Managing IP's annual publication focused on intellectual property in China comes at a time of great excitement but also tough challenges.

On March 9 2018, Cambodia officially deposited its instrument of accession to the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications, becoming the first nation to join the Geneva Act.

An example of an international trade mark that Austria considered for registration is Access the Inaccessible for goods and services all connected to mountaineering, climbing and work at height. This English language word mark had, among others, a designation for the UK and for Austria. In the UK, the trade mark was finally registered in spite of some difficulties. The Austrian Patent Office and the appellate court did not find it relevant that the mark was approved in the UK. Registration in a foreign country, even in a country where the relevant language is the official language spoken by the whole population, can never be binding for Austria. The reasons behind this are not only formal legal reasons (for example, territoriality), but also that the English authorities examine the trade mark from the viewpoint of English consumers while the Austrian authorities examine the same trade mark from the point of view of Austrian consumers. These perspectives might well be different since the understanding of the meaning of the foreign words might not be identical to that in a foreign country.

Recently, many disputes regarding store appearances have occurred relating to businesses, such as sushi or ramen stores. Unlike the US where the trade dress theory exists, rules for protecting store appearance in Japan are not set and no case law has ever granted an injunction. This is the first case granting an injunction in a store appearance case.