Brexit and the consequences for intellectual property rights On June 24th, 2016, the United Kingdom referendum result came: Brexit over Remain. Though the economic and political effects of this exit of the European Union are yet to be determined, we are currently able to discern some of the most foreseeable consequences for intellectual property rights.
Tag: trademark
Trademark infringement in China and the procedure to protect trademarks
Without a doubt, China is one of the fast growing economies in the world, which in return has spurred an exponential interest in understanding China’s legal and administrative system. The weak Chinese enforcement system and lack of trademark protection is a big concern for many international businesses that wish to explore the Chinese market. Good news …
Bad-faith Trademark Registration in China
For international companies that wish to bring their products to the Chinese market or manufacture their products in China, appropriate protection of trademarks is very important to avoid the risk of trademarks being misused or infringed by someone else. However, European businesses using trademarks written in Latin characters, do not immediately have sufficient protection for their trademarks written …
No trademark protection for „Je suis Charlie”
No trademark protection for „Je suis Charlie” – French IP authority crushes applicants’ hopes, Belgian throws in the towel After the Paris attacks “Je suis Charlie” has become the sign of international solidarity. An opportunity too good to miss for a couple of sly business(wo)men. Just a few days after the incidents the French National …
IPR Enforcement in China
Perhaps no investment opportunities have captured the attention from investors all over the world recent years more than that of investing in China. This is even more true for European investors since China and the EU are currently engaging in a tough bilateral investment treaty (BIT) negotiation. A conservative estimate by the European Commission suggests …
Judicial Interpretation on the China’s Establishment of the Specialized IPR Courts
On 3 November 2014, China’s Supreme Court issued a judicial interpretation on the establishment of three specialized IPR courts in Beijing, Shanghai and Guangzhou. According to the deputy chief judge of the intellectual property tribunal under the Supreme Court, the IPR court in Beijing will start to operate before 10 November 2014 and the other …
China’s Decision on Establishing IPR Specialized Courts
On August 31, 2014, the Standing Committee of the National People’s Congress of China issued the Decision on the Establishment of Intellectual Property Rights Courts (IPR Courts) in Beijing, Shanghai and Guangzhou (http://news.xinhuanet.com/english/china/2014-08/31/c_133609565.htm). According to the Press Conference of the Higher People’s Court of Beijing, the Beijing specialized IP Court plans to be fully established …
May the German Football Association display the German eagle in its logo?
In June 2014, the German supermarket chain Real submitted a request to cancel the registered trademark of the German Football Association (further: DFB), namely its logo, to the competent authorities. Real argues that the DFB is displaying a state symbol of Germany in its logo, more precisely the German state eagle. According to German and …
The “DSGV’s red”: Clarifying the conditions for acquiring the distinctive character of a trademark consisting of a single colour
Last 19th of June, the Court of Justice of the European Union (hereinafter “ECJ”) has given an answer to a preliminary question asked by the Bundespatentgericht (Germany), regarding the distinctive character acquired through use by a trademark consisting of one simple colour.