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  • Olga Plyasunova of Zuykov and partners examines the situations in which Rospatent will refuse registration of a trademark due to falsity or the possibility of confusion, offering advice on how to overcome potential rejections
  • An analysis of judicial decisions rendered by the Malaysian courts suggest that parallel imports are lawful to some extent.
  • The Directive of the European Parliament and of the Council on copyright in the Digital Single Market was adopted on March 26 2019 by the European Parliament. The purpose of this directive is to protect authors' rights in the digital world. It provides general rules for protection and conditions of use for works protected by copyright in the fields of research, education and the conservation of cultural heritage.
  • On November 21 2011, Taguchi Industrial filed an application for registration of the trademark above, "GUZZILLA", designating "Mining machines and apparatus; Construction machines and apparatus; etc." in Class 7 (designated goods). The trademark was granted registration on April 27 2012.
  • Internet penetration and widespread use of handheld devices is fuelling e-commerce in India. With the rise in online purchases of goods and services, complaints about counterfeit goods are also rising. The Department for Promotion of Industry and Internal Trade released a Draft National E-Commerce Policy (hereinafter referred to as the policy) on February 23 2019 and invited comments from stakeholders and the public. The draft policy is separated into six categories:
  • During the early months of 2019, the Vietnam IP field enjoyed a rare burst of public attention. First there was the wide reaction to the IP changes ushered in by the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), which took effect on January 14 2019. Then the spotlight moved to two high-profile copyright lawsuits related to derivative works, when the People's Court of Ho Chi Minh City's (HCMC) District 1 returned a verdict in a 12-year-old case on February 18 2019, and the People's Court of Hanoi issued its decision on a similar case on March 20 2019. The cases were heard by courts at opposite ends of the country, and the results might also be called opposite.
  • Trademark owners who have assured their rights in Myanmar through the current best practice combination of Declaration of Ownership registration and Cautionary Notice publication are now being faced with a challenge deciding how to prepare for the imminent implementation of the Trademark Law, which is the first of its kind in the country. While it is certain that the Trademark Law will take effect in 2019, its specific mechanisms, which may be well-defined in many instances in the text of the law, are far from settled.
  • In a battle between country and company, Iceland (the nation) and Iceland Foods (the UK supermarket) have been locked in a frosty trademark battle. Now, the EUIPO has ruled in the case, although a thawing in relations between the parties is unlikely.
  • Sponsored by Katten Muchin Rosenman
    In In re Hikari Sales USA, Inc., the Trademark Trial and Appeal Board (TTAB) issued a second precedential decision involving genericness, this year, just two days after issuing its first one. In doing so, the TTAB sent a strong message to brand owners hoping to obtain exclusive rights in highly descriptive or otherwise common terms.
  • Sponsored by OLIVARES
    A few days ago, a photograph of a bottle of Dutch tequila began circulating on the web. The creators of this product, which has not yet hit the market and probably never will, claim to have improved the taste of original tequila, based on Dutch gin, and now feel ready to enter the European market.