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Trademarks: evolving law in India (Magazine)
India’s rise to prominence on the international scene has made it an increasingly attractive market in which to do business. The trademark regime is continually being refined to accommodate this growing interest
Protecting trade dress is a delicate matter not least because the way in which it is promoted directly impacts on enforceability. However, a well-thought-out strategy can result in a trademark right that is valid before the US Patent and Trademark Office
In today’s globalised market, it is more important than ever to make smart decisions on trademark selection, registration and enforcement. A successful brand management programme can play a vital role in minimising risk and maximising value
IP TRANSLATOR: earthquake or tremor? (Magazine)
The European Court of Justice’s eagerly awaited decision in the IP TRANSLATOR case marks a turning point in the examination of trademark applications across the European Union. Applicants will need to review their filing strategies accordingly By Christian R Thomas,
IP finance and monetisation (Magazine)
Subscribers to IAM will be familiar with the fact that intangible assets are now more valuable to companies than they have ever been before.
Trade secrets in Germany (Magazine)
In Germany, “trade secrets” comprise a broad variety of information, including technical know-how, commercial data and other business information. Examples of information that can constitute a trade secret include lists of addresses, documents of commercial offers, composition of materials, sources of supply, computer programs and their source code, information about production processes, lists of customers or suppliers, market research data, price calculations and drawings.
Trade secrets in Japan (Magazine)
A “trade secret” is defined as any production method, sales system or other useful technical or operational information related to a business activity that is not known to the public and that has been kept in confidence (Section 2(6) of the Unfair Competition Prevention Act).
Trade secrets in Mexico (Magazine)
The Mexican legal system establishes protection for some, though not all, information. The elements that any given information must include in order to be considered as a trade secret are set out in Articles 82 and following of the Industrial Property Law.
Trade secrets in the United States (Magazine)
There is no statutory definition of a trade secret in the United States. However, there is a trend towards achieving some uniformity, with 46 states having adopted various statutes modelled after the Uniform Trade Secret Act (UTSA). The UTSA is a model law drafted by the National Conference of Commissions on Uniform State Laws. States that have not adopted the UTSA (eg, New York), have adopted their own state statutes and/or continue to apply common law.
Google’s contentious AdWords programme has exercised Europe’s courts in recent years, giving rise to conflicting decisions and considerable uncertainty
Two divergent top court rulings in a case concerning rebranding and trademark infringement have caused a legal storm in Finland. The Supreme Court’s decision to find no trademark infringement was received as a surprise
Under the EU customs regime, rights holders can have counterfeit goods confiscated at the borders. However, it is questionable whether the regime adequately considers the rights of alleged infringers
Welcome to the world of ‘.anything’: protecting brand owners’ existing legal rights under ICANN’s new gTLD programme (Magazine)
ICANN’s new gTLD programme could revolutionise the Internet. Brand owners should familiarise themselves with the new and evolving procedures if they are to avoid being left behind
Rules of engagement: brands and social media (Magazine)
Social media affords invaluable opportunities to enhance brand awareness, strengthen customer relations, garner market research and bolster sales but only if used wisely
Ratification of ACTA is proving controversial in Europe especially in Poland, which has had something of a chequered past when it comes to IP protection
SEP and FRAND focus (Magazine)
Are French courts patent-FRANDly? (Magazine)
FRAND and SEPs in the United States (Magazine)
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