Copyright, designs & trademarks

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Creating consistency across civil and invalidity actions involving a single design patent

A case in China involving a leading toy brand operator demonstrates the importance of employing consistent criteria when assessing the similarity of patent designs during infringement and invalidation proceedings.

27 July 2022

Qingdao IP Tribunal clarifies the criteria of exhaustion in cases of product modification

The ruling in a civil suit against Wuxi Smile IoT Ltd establishes that, when considering whether modified genuine products constitute trademark infringement, whether the alleged acts are detrimental to a trademark owner’s legitimate rights is the key issue.

20 July 2022

The companies with biggest trademark portfolios in Europe, China and the US

L’Oréal, Tencent, Disney and Unilever are among the entities that lead the way, according to exclusive data analysis undertaken by IAM's sister publication WTR

15 July 2022

The top design and trademark filers at the EUIPO revealed

L'Oréal was the leading corporate applicant for EU trademarks across 12 months, according to office data

07 July 2022

Brand owners should avoid geographic names in marks to prevent confusion around their source

A case involving a trademark registration of the Chinese characters for Milan established that a geographic name is registrable if the mark has additional meanings or if it has acquired, through use, secondary meaning acknowledged by the relevant public.

06 July 2022

Dutch courts will still award cross-border injunctions to patent holders despite Boston Scientific setback

The refusal of a judge in Amsterdam to grant the US company relief covering Ireland, France and Germany does not indicate major change to the regime

28 June 2022

Taiwan’s IP office publishes translations of its most significant cases of the past five years

The TIPO has made so-called ‘classic’ trademark cases available on its website in English and Chinese. However, several judgments are pending, including one pertaining to the provision of designated services outside Taiwan.

22 June 2022

AT&T’s billion dollar secret sauce

Scott Frank, President and CEO of the company’s IP operation, reveals how its team of patent developers takes a venture capital approach to interactions with inventors and lawyers to ensure the development of a highly diversified, revenue-generating, portfolio of rights

01 June 2022

China’s market watchdog releases 2022 Legislative Plan

The legislative projects covered in the Plan are categorised either as Category I or Category II. It is essential that Category I projects are submitted for compliance checks and internal scrutiny by the deadline to prevent them being demoted to Category II.

01 June 2022

Fighting against bad-faith design patent filings in China

Two cases demonstrate the importance of a proactive filing strategy to prevent bad-faith design patent applications being granted to infringers producing similar products.

25 May 2022

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