World ip day celebrated around the world, special 301 released, and ip australia annual report: news digest
Contents
- Legal radar:
- Office radar:
- Media watch:
- On the go: INTA celebrates World IP Day having a flourish of occasions globally – The Worldwide Trademark Association (INTA) has openly endorsed World Ip Day with several corporate showings. Today, INTA is going…
- Office radar:
- Media watch:
- On the go:
- Friday catch-up:
- And finally…
INTA celebrates World IP Day having a flourish of occasions globally – The Worldwide Trademark Association (INTA) has openly endorsed World Ip Day with several corporate showings. Today, INTA is going to be symbolized at occasions in Rio de Janeiro in the regional office around the globe Ip Organisation (WIPO), The city in a panel around the role of IP, as well as in Yangon in an event organised through the Myanmar Ip Proprietors’ Association. In a few days (29 April), INTA is co-organising a celebration using the US Patent and Trademark Office (USPTO) on Capitol Hill. All of the occasions will concentrate on the theme of the year’s World IP Day: “Reach for Gold: IP and Sport” recognising IP’s essential role in sports innovation and branding. (JW)
USTR releases Special 301, slams China for “failure” on IP reform – Earlier today, we reported around the Office from the U . s . States Trade Representative (USTR) releasing its latest well known markets list, in which Alibaba’s Taobao platform was incorporated for that third consecutive year. On the day that, the USTR also released its latest Special 301 Report, which assesses the potency of IP protections in regions – and highlights areas it sees of major concern. Around the Priority Watch List this season are China (the report noting an “urgent requirement for fundamental structural changes to bolster IP protection and enforcement”, including around counterfeits), Indonesia, India, Algeria, Kuwait, Saudi Arabia (“further failing IP protection and enforcement within its borders”), Russia, Ukraine, Argentina, Chile and Venezuela. On the top of this, countries with inadequate border protection to prevent fakes were highlighted, which incorporated South america, Colombia, Hong Kong, Nigeria, Paraguay, Singapore, Thailand, Poultry, the UAE and Vietnam. Obviously, for practitioners tackling IP violation on the floor, the countries recognized by the USTR will most likely be no real surprise. Nevertheless, the Special 301 is really a handy, concise roundup of key IP challenges that lots of jurisdictions must overcome. (TJL)
Studies suggest trace metal tests might help identify fake watches – Swiss academics in the College of Lausanne, together with the Federation of Swiss Watch Industry’s anti-counterfeiting team, have discovered that genuine and counterfeit watches could be recognized by profiling the basic composition from the metal within the timepieces. Analysing an example of 35 watchcases using inductively coupled plasma spectrometry, researchers discovered that they might distinguish fakes from genuine articles by their compositions, a method that creates data that could also aid to recognize the origin from the fake products and also the links together. (AH)
IP Australia releases its annual report – Released towards the public today, the Australian IP office’s annual report details a “record year for trademark and style applications”. Trademark applications arrived at an archive degree of 79,490, a 4% increase on last year’s record-breaking number. The development evolved as the result of a rise in non-residential filings by 11%, with China recording a 27% rise in applications. Resident applicants remain most despite a small 1% decrease since this past year. More records were damaged in design legal rights applications because they have consistently grown since 2014 registering 7,816 applications in 2018. The report continues to be released today concurrently with World IP Day, with Terry Moore, IP Australia’s acting director general, remarking: “A healthy IP product is one manifestation of a powerful economy. This is often tracked through IP’s relationship with innovation and entrepreneurship trends and i’m pleased our IP Report helps highlight these trends in Australia”. (JW)
Consumers “quick to dump brands” – Based on new information from Freshworks, modern individuals are demanding “flawless service” from brands, and can rapidly proceed to others when they don’t have it. The research reveals that 56% of people have “stopped using the services of a brandname or altered to a rival following a single bad experience” within the last 12 several weeks – around consumers discovered to be probably to ditch brands, at 69%, while French shoppers were least prone to drop a brandname carrying out a single bad experience (at 40%). In addition, individuals negative encounters from brands are likely in the future from email, adopted on the phone, mobile phone applications, and live chat – with common annoyances from brands being lengthy waits for customer support and rude representatives. The research highlights that, in the realm of brand affinity, consumers could be unpredictable monsters. (TJL)
Kuwait is upping its IP protection game – The United States ip attaché for that Middle East and North Africa (MENA), Peter Mehravari, spoke concerning the elevated value the Kuwaiti government was placing on IP protection in the united states. The Arab Occasions Online reported that Kuwait was recognising that Kuwaiti inventors appeared to be stifled and shying from presenting their goods for their home markets for insufficient protections. “If you need to see a cutting-edge company bring its products to Kuwait, then Kuwait will need an aggressive advantage with regards to protecting an investment with that company”. To be able to compete globally, the nation is trying to create new copyright draft laws and regulations using the support of america “by joining two important worldwide agreements associated with copyrights and also the digital space”. (JW)
Legal radar:
LL Awesome J wins music festival trademark dispute – The American rapper LL Awesome J has won inside a US trademark violation suit from the Rock The Bells music festival, which shares a reputation having a track from 1985 album, ‘Radio’. The music performer filed the suit in November 2018, getting formerly searched for to cancel the festival promoter’s 2004 trademark registration and domain to “Rock the Bells” and “rockthebells.net”. It’s been reported that the federal judge in California has made the decision the rapper may be the “exclusive owner” from the trademark, which the festival must stop while using name unless of course it reaches a licensing agreement with him. All products bearing the objective should be paid ot destroyed by May 10. JJ Awesome J has additionally acquired charge of the festival’s website name. (AH)
Rapid development in Chinese IP cases every year – Chinese courts saw 334,951 Ip legal rights cases in 2018, a 41.2% increase from 2017. A white-colored paper printed through the Supreme People’s Court detailed the altering culture around IP protection, China Daily reports. Courts settled as many as 319,651 IPR cases within the year, with 30% from the cases handled associated with internet qualities. A senior IP investigator in the Chinese Academy of Social Sciences, Li Shunde, stated: “The growth is inseparable in the regions’ economic strengths and potential.” The Final Court has approved 19 tribunals across as numerous metropolitan areas specialising in IPR to enhance the efficiency of handling such cases across the nation. (JW)
Town of Shenzhen releases IP figures – The town of Shenzhen in south China has released new figures on ip that needs to be around the radars of brand name proprietors. Based on Xinhaunet, police force within the city investigated 1,224 IP violation cases in 2018, with 1,082 closing. The figures advise a restored attack on violation inside a city frequently considered like a haven for counterfeits – indeed, it’s so pervasive the TripAdvisor page for just one of their largest shopping malls, Luohu Commercial City, freely discusses that it’s “six floors of pretend goods from watches to handbags, clothes perfumes pens… everything”. Nevertheless, with more than 1,200 IP violation cases in only one Chinese city this past year, legal rights holders is going to be wishing it’s designed a dent within the production and trade of fakes. (TJL)
Office radar:
KIPO to “go global” – Within an interview using the Korean Herald, Korean Ip Office (KIPO) commissioner Park Won-joo has vowed that Korea will require its IP system “global” after signing a memorandum of understanding with Saudi Arabia. “We intend to expand the scope in our global IP export to countries for example individuals in ASEAN, India, and South america, where Korean companies happen to be positively entering markets, in line with the effective deals we’ve created using the center Eastern nations,” he mentioned, noting the memorandum – apparently worth over $3 million – will kickstart the development of the “Korea-friendly IP ecosystem”. In addition, he claimed that cooperation with Middle Eastern nations enables the development of a “standard rulebook” for IP partnerships that may be customised for “potential global partners”. What’s obvious within the interview would be that the KIPO has some ambitious plans later on – time will inform whether or not they repay. (TJL)
Media watch:
Counterfeiters are more and more taking to Instagram – An investigation team for Ghost Data identified 56,769 accounts touting counterfeit luxury products for example footwear, handbags, clothes, and shades. This really is up in the 20,882 accounts present in research conducted in 2016. Posts have elevated dramatically with sixty five million printed when compared with 14.5 million in 2016. Roughly 15% of posts using the hashtags #Gucci or #Dior were printed by counterfeiter accounts, a startling figure, the report finds. The study coincides with Instagram’s discharge of a passionate payment system, allowing brands to market straight to customers with the application. Instagram has responded stating they’re allocating “more sources to some program that enables ip legal rights proprietors or authorised representatives of brands to report counterfeit content for takedown”. (JW)
On the go:
INTA celebrates World IP Day having a flourish of occasions globally – The Worldwide Trademark Association (INTA) has openly endorsed World Ip Day with several corporate showings. Today, INTA is going to be symbolized at occasions in Rio de Janeiro in the regional office around the globe Ip Organisation (WIPO), The city in a panel around the role of IP, as well as in Yangon in an event organised through the Myanmar Ip Proprietors’ Association. In a few days (29 April), INTA is co-organising a celebration using the US Patent and Trademark Office (USPTO) on Capitol Hill. All of the occasions will concentrate on the theme of the year’s World IP Day: “Reach for Gold: IP and Sport” recognising IP’s essential role in sports innovation and branding. (JW)USTR releases Special 301, slams China for “failure” on IP reform – Earlier today, we reported around the Office from the U . s . States Trade Representative (USTR) releasing its latest well known markets list, in which Alibaba’s Taobao platform was incorporated for that third consecutive year. On the day that, the USTR also released its latest Special 301 Report, which assesses the potency of IP protections in regions – and highlights areas it sees of major concern. Around the Priority Watch List this season are China (the report noting an “urgent requirement for fundamental structural changes to bolster IP protection and enforcement”, including around counterfeits), Indonesia, India, Algeria, Kuwait, Saudi Arabia (“further failing IP protection and enforcement within its borders”), Russia, Ukraine, Argentina, Chile and Venezuela. On the top of this, countries with inadequate border protection to prevent fakes were highlighted, which incorporated South america, Colombia, Hong Kong, Nigeria, Paraguay, Singapore, Thailand, Poultry, the UAE and Vietnam. Obviously, for practitioners tackling IP violation on the floor, the countries recognized by the USTR will most likely be no real surprise. Nevertheless, the Special 301 is really a handy, concise roundup of key IP challenges that lots of jurisdictions must overcome. (TJL)
Studies suggest trace metal tests might help identify fake watches – Swiss academics in the College of Lausanne, together with the Federation of Swiss Watch Industry’s anti-counterfeiting team, have discovered that genuine and counterfeit watches could be recognized by profiling the basic composition from the metal within the timepieces. Analysing an example of 35 watchcases using inductively coupled plasma spectrometry, researchers discovered that they might distinguish fakes from genuine articles by their compositions, a method that creates data that could also aid to recognize the origin from the fake products and also the links together. (AH)
IP Australia releases its annual report – Released towards the public today, the Australian IP office’s annual report details a “record year for trademark and style applications”. Trademark applications arrived at an archive degree of 79,490, a 4% increase on last year’s record-breaking number. The development evolved as the result of a rise in non-residential filings by 11%, with China recording a 27% rise in applications. Resident applicants remain most despite a small 1% decrease since this past year. More records were damaged in design legal rights applications because they have consistently grown since 2014 registering 7,816 applications in 2018. The report continues to be released today concurrently with World IP Day, with Terry Moore, IP Australia’s acting director general, remarking: “A healthy IP product is one manifestation of a powerful economy. This is often tracked through IP’s relationship with innovation and entrepreneurship trends and i’m pleased our IP Report helps highlight these trends in Australia”. (JW)
Consumers “quick to dump brands” – Based on new information from Freshworks, modern individuals are demanding “flawless service” from brands, and can rapidly proceed to others when they don’t have it. The research reveals that 56% of people have “stopped using the services of a brandname or altered to a rival following a single bad experience” within the last 12 several weeks – around consumers discovered to be probably to ditch brands, at 69%, while French shoppers were least prone to drop a brandname carrying out a single bad experience (at 40%). In addition, individuals negative encounters from brands are likely in the future from email, adopted on the phone, mobile phone applications, and live chat – with common annoyances from brands being lengthy waits for customer support and rude representatives. The research highlights that, in the realm of brand affinity, consumers could be unpredictable monsters. (TJL)
Kuwait is upping its IP protection game – The United States ip attaché for that Middle East and North Africa (MENA), Peter Mehravari, spoke concerning the elevated value the Kuwaiti government was placing on IP protection in the united states. The Arab Occasions Online reported that Kuwait was recognising that Kuwaiti inventors appeared to be stifled and shying from presenting their goods for their home markets for insufficient protections. “If you need to see a cutting-edge company bring its products to Kuwait, then Kuwait will need an aggressive advantage with regards to protecting an investment with that company”. To be able to compete globally, the nation is trying to create new copyright draft laws and regulations using the support of america “by joining two important worldwide agreements associated with copyrights and also the digital space”. (JW)
Legal radar:
LL Awesome J wins music festival trademark dispute – The American rapper LL Awesome J has won inside a US trademark violation suit from the Rock The Bells music festival, which shares a reputation having a track from 1985 album, ‘Radio’. The music performer filed the suit in November 2018, getting formerly searched for to cancel the festival promoter’s 2004 trademark registration and domain to “Rock the Bells” and “rockthebells.net”. It’s been reported that the federal judge in California has made the decision the rapper may be the “exclusive owner” from the trademark, which the festival must stop while using name unless of course it reaches a licensing agreement with him. All products bearing the objective should be paid ot destroyed by May 10. JJ Awesome J has additionally acquired charge of the festival’s website name. (AH)
Rapid development in Chinese IP cases every year – Chinese courts saw 334,951 Ip legal rights cases in 2018, a 41.2% increase from 2017. A white-colored paper printed through the Supreme People’s Court detailed the altering culture around IP protection, China Daily reports. Courts settled as many as 319,651 IPR cases within the year, with 30% from the cases handled associated with internet qualities. A senior IP investigator in the Chinese Academy of Social Sciences, Li Shunde, stated: “The growth is inseparable in the regions’ economic strengths and potential.” The Final Court has approved 19 tribunals across as numerous metropolitan areas specialising in IPR to enhance the efficiency of handling such cases across the nation. (JW)
Town of Shenzhen releases IP figures – The town of Shenzhen in south China has released new figures on ip that needs to be around the radars of brand name proprietors. Based on Xinhaunet, police force within the city investigated 1,224 IP violation cases in 2018, with 1,082 closing. The figures advise a restored attack on violation inside a city frequently considered like a haven for counterfeits – indeed, it’s so pervasive the TripAdvisor page for just one of their largest shopping malls, Luohu Commercial City, freely discusses that it’s “six floors of pretend goods from watches to handbags, clothes perfumes pens… everything”. Nevertheless, with more than 1,200 IP violation cases in only one Chinese city this past year, legal rights holders is going to be wishing it’s designed a dent within the production and trade of fakes. (TJL)
Office radar:
KIPO to “go global” – Within an interview using the Korean Herald, Korean Ip Office (KIPO) commissioner Park Won-joo has vowed that Korea will require its IP system “global” after signing a memorandum of understanding with Saudi Arabia. “We intend to expand the scope in our global IP export to countries for example individuals in ASEAN, India, and South america, where Korean companies happen to be positively entering markets, in line with the effective deals we’ve created using the center Eastern nations,” he mentioned, noting the memorandum – apparently worth over $3 million – will kickstart the development of the “Korea-friendly IP ecosystem”. In addition, he claimed that cooperation with Middle Eastern nations enables the development of a “standard rulebook” for IP partnerships that may be customised for “potential global partners”. What’s obvious within the interview would be that the KIPO has some ambitious plans later on – time will inform whether or not they repay. (TJL)
Media watch:
Counterfeiters are more and more taking to Instagram – An investigation team for Ghost Data identified 56,769 accounts touting counterfeit luxury products for example footwear, handbags, clothes, and shades. This really is up in the 20,882 accounts present in research conducted in 2016. Posts have elevated dramatically with sixty five million printed when compared with 14.5 million in 2016. Roughly 15% of posts using the hashtags #Gucci or #Dior were printed by counterfeiter accounts, a startling figure, the report finds. The study coincides with Instagram’s discharge of a passionate payment system, allowing brands to market straight to customers with the application. Instagram has responded stating they’re allocating “more sources to some program that enables ip legal rights proprietors or authorised representatives of brands to report counterfeit content for takedown”. (JW)
On the go:
Schulte Roth & Zabel hires new IP mind – US law practice Schulte Roth & Zabel has welcomed Edward Sadtler since it’s new mind of their IP, sourcing and technology practice group. Former Kirkland & Ellis partner Sadtler brings a number of IP licensing and M&A experience towards the financial services sector boutique. He’ll be based at its New You are able to office. (AH)
Remfry & Sagar unveil new partners – Remfry & Sagar has announced four new partners in the firm – using the elevation of Deepak Lamba (patents), V Mohini (IP litigation), Nipun Sangra (trademarks) and Shivam Vikram Singh (trademarks and copyright). Meanwhile, Tanmay Joshi, R. Mahesh, Ritam Rawal and Sangeeta Savant happen to be elevated towards the position of partner-designate. (TL)
USTR finds substitute for general counsel position – Stephen Vaughn announced his departure make up the U . s . States Trade Representative after 2 yrs within the role. Replacing him is going to be Frederick Barloon. Vaughn was hired towards the USTR general counsel position by President Trump in March 2017. Being employed as the overall counsel towards the USTR Robert Lighthizer, Vaughn symbolized U . s . States Steel Corp within the ‘Section 301’ analysis into China’s trade and ip practices. Barloon is really a partner at Skadden Arps, a Wall Street firm where both Lighthizer and Vaughn formerly labored. However, he comes more from the background within the financial service sector rather of trade law. (JW)
Friday catch-up:
Every Friday within our news round-up we’ll give a quick rundown from the latest news, analysis and intelligence published on WTR. In the last week we:
- Marked World IP Day by revealing that Manchester U . s . has the most important trademark portfolio associated with a global soccer club
- Assessed work from the U . s . States Trade Representative’s latest well known markets list, which incorporated Alibaba’s Taobao platform for that third consecutive year
- Reported on INTA’s concerns of a rise in unrequested communications and warning concerning the purchase of information on its membership and event directories
- Spoke to Jesse Broadfield, chief IP and knowledge counsel at American Airlines, who described how he seeks to beat the difficulties of protecting their service brands, and emphasised the significance of crafting contracts that prevent IP disputes with commercial partners
- Reported around the Chinese legislature’s approval of amendments towards the country’s trademark law, with a raft of changes, including empowering administrative government bodies to reject malicious applications and impose fines against bad-belief filers as well as their agents
- Revealed the very first findings of WTR’s Global Trademark Benchmarking Survey, which discovered that IP Australia may be the IP office most lauded by trademark practitioners all over the world
- Highlighted an approaching web seminar, to become located on Thursday 2 May, that will concentrate on calculating the roi of internet brand protection. Crucially, the exploration will reveal why traditional approaches might not resonate using the C-suite
- Explored how LVMH’s acquisition of Belmond reflects a continuing trend within the luxury market for the travel industry – noting that brands should be wise within this transition because there are endless possibilities for reputational damage.
And finally…
Free-to-view intelligence on protecting brands online available these days – WTR has printed the sixth edition of internet Brand Enforcement: Protecting Your Trademarks within the Electronic Atmosphere. Currently available, the disposable-to-view publication provides the latest assistance with brand management best practice, in addition to understanding of showing a roi in protection activities. Topics covered within this edition include explorations from the impact of recent legislation, insights into online brand protection within the Italian and Russian markets, thought on how you can prove that protection brings a roi and know-how on social networking takedowns and tactics. The way forward for online enforcement can also be considered considering the continuing overview of legal rights protection mechanisms. The 2019 edition of internet Brand Enforcement can be obtained here.
Resourse: https://worldtrademarkreview.com/anti-counterfeiting/
