Brief IP news

briefs_1131. DesignEuropa Awards 2018 – apply or nominate by May 15. For more information here.

2. The Protection of Fashion Shows in Italy: An Uncharted Stage. For more information here.

3. All rights reserved – advantages of copyright registration. For more information here.

Source: Intellectual Property Center at the UNWE. More information can be found here

 

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Kraków Intellectual Property Law Summer School – 2018

1200px-Collegium_novum_fasadaThe Jagiellonian University announced its 2018 Kraków Intellectual Property Law Summer School. The programme will take place from September 17 to 22, 2018 and it will be conducted in English.

The programme provides an opportunity to acquire deeper knowledge of intellectual property law. This year the topic of the Summer School will be “Manoeuvring between limitations, exceptions, and infringements of IPRs”. The programme will consist of well-known lecturers in the area of intellectual property from foreign and Polish universities, as well as workshops, case studies, group discussions on selected topics relating to IPR limitations, exceptions and infringements.

The deadline for registration is July 31, 2018. An early bird rate applies for registration made before May 28, 2018.

More information can be found here.

Parfumes and exhaustion of rights in Austria

aromatherapy-3173580_960_720The Supreme Court in Austria ruled in a lawsuit that had been initiated by Davidoff against a trading company in the country which was selling original perfumes branded with trademarks  Davidoff – word and combined. According to Davidoff this could lead to a consumer misleading that this company is part if its distributional channel, taking into account that the company put the trademarks on its website.

According to the court, however, there is no breach of law in the case at hand because the trademark use was only for information purposes and it is in accordance with the legislation on trademark exhaustion, in particular:

A mark shall not entitle the proprietor to prohibit its use in relation to goods which have been put on the market in the Community under that trade mark by the proprietor or with his consent.

Source: Taylor Wessing, Lexology.

EU-Singapore trade and investment agreements

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The European Commission published the main elements from the EU-Singapore trade and investment agreements. According to this information what concerns the intellectual property matters is:

The EU-Singapore trade and investment agreements will take EU and Singapore relations to a new level and create more opportunities for EU and Singaporean businesses to grow and create new jobs.

(7)      Protects intellectual property rights

Both the EU and Singapore already have modern systems to protect and enforce intellectual property rights. The trade agreement consolidates this and sets out basic rules on enforcement (other than criminal enforcement), including at the border.

Intellectual property right-holders will be able to get help from customs authorities to detain counterfeit trademarked or GI-protected goods, pirated copyrighted content and registered designs.

On copyright, the agreement provides for equitable payment for both performers and producers of recorded music played on the radio, TV or in places open to the public (such as shops, restaurants, bars)– which will improve the current situation in Singapore.

Singapore has agreed to strengthen its existing geographical indications (GI) regime by setting up a system to register GIs in Singapore. Once registered in Singapore, around 190 GIs for wines, spirits and certain agricultural products will enjoy levels of protection equal to those in the EU thanks to this agreement. This includes Bordeaux wines, Parma ham, Champagne and Bayerisches Bier. Better protection for such products will also improve Singapore consumers’ awareness of authentic top-quality EU GI products.

For more information here.

New individual fees for New Zealand

newzealandflagWIPO reports about new individual fees payable in case of international applications for trademarks with New Zealand as a designated country.

The new fees that will come into force on 02.06.2018 are as follow:

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More information here.

Adidas won a trademark case in Japan

Masaki MIKAMI informs about a trademark victory of Adidas in Japan. The case concerns the following registered trademark by a Japanese company for Class 25:

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Adidas filed an opposition against this mark but unsuccessfully. Fore years later the company initiated an invalidation procedure, just before the five years period of acquiescence. Adidas based its move on the following earlier trademark:

adidas-300x261This time, the Patent Office ruled that both signs are similar and the later mark had to be invalidated because:

  • The Adidas’ mark is a mark with a strong reputation in Japan, proved since 1971;
  • The mark hadn’t been changed significantly throughout this period of time;
  • The later mark gives rise to the same visual impression in the consumer’s mind by sharing similar graphical representations.

Source: Marks IP.