ILN IP Insider

Reviving a brand? A reminder to ensure it is put to genuine use

The case of Aiwa Co. Ltd v Aiwa Corporation is a useful reminder to brand owners, particularly those who are looking to revive a brand, of what amounts to “genuine use” of a registered trade mark. The case particularly considers whether the sale of second-hand goods by third parties in the UK can constitute genuine use of a UK registered trade mark.

Read full article

Harry and Meghan’s trade mark problem – third party jumps on the bandwagon and applies to register same mark in the EU to cover “jewellery” and “beer”

The Duke and Duchess of Sussex submitted a trade mark application with the World Intellectual Property Office last year to register “SUSSEX ROYAL” in the UK, EU, Australia, Canada and the US. The application covers a range of goods and services in six classes, including printed publications; clothing; promotional and public awareness campaigns; volunteer projects for charitable purposes; education and training relating to nature, conservation and the environment; organising youth training schemes; counselling and emotional support services.

Read full article

NEWS HIGHLIGHTS: IP&IT NOVELTIES IN RUSSIA OF 2019

THE GEOGRAPHICAL INDICATIONS AS THE NEW INTELLECTUAL PROPERTY ITEM

According to the Federal Law “On the Introduction of Amendments to Part Four of the Civil code of the Russian Federation” that shall come into force on the 27th of June 2020, a new civil law institute – the geographical indication is appearing in the Civil Code of the Russian Federation (herein after – the Civil Code).

Read full article

Collective management of music authors’ rights in Greece: Recent developments in a long-suffering field

The field of collective management of music authors’ rights in Greece is currently experiencing a series of ongoing developments regarding the establishment and operation of collecting societies representing music authors in the country, with the situation still remaining uncertain as to how the landscape will look like in a few months’ time.

Read full article

What happens to EU trade marks after Brexit?

A mere three and a half years after the 2016 referendum on membership of the European Union, the UK looks set to “leave” the EU on 31 January 2020. Instead of exiting without a deal (which at one stage looked distinctly possible), the UK’s departure will be pursuant to the New Withdrawal Agreement. Under this deal – which is currently being enshrined into UK law – 31 January 2020 will mark the beginning of an 11 month transition period, with the true exit date currently set as 31 December 2020 (Exit Day).

Read full article

Is BURNS NIGHT OFF KILT-ER?: Scotch, Trademarks & Distilling American Meanings

Within a year after the 1787 Edinburgh edition of his poems, American editions…were published in both Philadelphia and New York. Ever since we [Americans] have adopted the beauty, the humor and the wisdom of Robert Burns as part of our own culture and our own idiom—-often, even usually, without knowing the source in Scotland’s ploughman poet.

[Montgomery, James M. (1998) “How Robert Burns Captured America,” Studies in Scottish Literature: Vol. 30: Iss. 1, at 237 (emphasis added)].

Read full article

Hong Kong’s Patents (Amendment) Ordinance 2016 ( “the Ordinance” or “PAO” ) came into force on 19th December 2019 to further improve the Hong Kong’s system of protecting intellectual property rights on inventions

To ensure that Hong Kong’s system continues to meet present-day circumstances and be in alignment with Government’s vision of developing Hong Kong into a regional innovation and technology hub, Hong Kong Government appointed an Advisory Committee on Review of the Patent System in Hong Kong in 2011(the “Advisory Committee”) to review and advise it on (a) how the Administration should position Hong Kong’s patent system and (b) how best to implement suggested changes to the system.  Apart from the macro issues, the review also involved different professional and technical considerations underpinning the patent system as well as specific issues on (a) whether and, if so, how Hong Kong should have its own “original grant” patent system (as opposed to the pre-existing “re-registration” system), (b) refinements to the short-term patent system and (c) regulation of patent agency services.  C. K. Kwong, the writer of this article, was a member of this Advisory Committee.

Read full article

Selling Your Products on US Online Marketplaces

Before you begin selling your products on a U.S. online marketplace like Amazon, Etsy or Rakuten, there are three intellectual property considerations to make: clearance, acquisition and enforcement. This article provides a summary of all three considerations and includes steps to take to help mitigate risk, decrease instances of infringers and position your product for success from a U.S. perspective.

Read full article

Can Appointment of Administrative Patent Judges be Unconstitutional?

For the Patent and Trial Appeal Board (“PTAB”), the Administrative Patent Judges (“APJs”) are appointed by the Secretary of Commerce in consultation with the Director of the United States Patent and Trademark Office.  For an inter parties review of a patent, three APJs conduct the instituted review and determine if claims of a patent are unpatentable.  Is the appointment of the APJs unconstitutional because it violates the Appointments Clause of the U.S. Constitution.?  The answer was YES! until the court remedied the APJs to be inferior officers.

Read full article

“Pirate Ships in Dangerous Waters!”

A recent decision of the Three-Member Court of Appeals of Komotini (Felonies Department), dated 19/11/2019, has been intensely debated by the national media as resulting to the first “real” prison sentence that has ever been imposed in our country to a website owner for illegally distributing copyright-protected content.  Although the judgement has not been published yet, according to the media, the owner of the “pirate” websites “greekstars.net” and “greekstars.co”, has been sentenced to five years in prison for illegal distribution of audiovisual works, music, books, computer programs, and video games and has been led to prison immediately after hearing the verdict. Although the law also provides for a monetary penalty, this was withdrawn by the Judges due to mitigating circumstances.

Read full article