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Articles

Feb 11, 2021
Shivarpita Nailwal, Chadha & Chadha, India
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India Update: The Designs (Amendment) Rules 2021

In furtherance to the Draft rules published in 2019, the Government of India, on January 25, 2021, issued a gazette notification to formalize and introduce the Designs (Amendment) Rules, 2021. The new amendment rules have come into force with effect from January 25, 2021. The new rules confirm that for the purposes of the registration of designs, the articles shall be classified as per current edition of “International Classification for Industrial Designs (Locarno Classification)” published by World Intellectual Property Organization read more

Jan 28, 2021
Xiao Han (Nicole), Chofn Intellectual Property, China
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Revised Chinese Patent Examination Guidelines Take Effe...

The China National Intellectual Property Administration (“CNIPA”) recently announced the "Revised Patent Examination Guidelines", which came into force from January 15, 2021. This is a major development in the field of IP industry in China. Although the “Revised Guideline" is not a formal source of law, it can be used as a reference in courts’ decisions provided that there are no conflicts with the "Chinese Patent Law" and its implementation rules. Therefore, its amendment is of great significance to the administrative and read more

Jan 27, 2021
Emma Green, Bird & Bird LLP, United Kingdom
Ciara Hughes, Bird & Bird LLP, United Kingdom
First published at www.twobirds.com

Brexit Update: UK customs enforcement from 1 January 20...

HM Revenue and Customs ("HMRC") has provided a long-awaited update on the UK Customs Enforcement process which rights holders and representatives will need to follow once the transition period ends. A new form for UK Applications for Actions (AFAs) has been launched and is available for use now. Whilst the UK AFA form will be familiar to many, there are some key changes and we outline these below. Rights holders should consider their existing AFA protection now, to ensure that there is no lapse in protection after 31 December 2020.
The European Commission's Notice to Stakeholders dated 17 August 2020 clarified the post-Brexit treatment of EU AFAs which form part of the framework under Regulation (EU) No 608/2013. protection after 31 December 2020.
From 1 January 2021 existing EU AFAs filed via an EU27 Customs office will remain valid and enforceable in the EU27 but will cease to have effect in the UK. Further, existing EU AFAs filed via HMRC will remain valid and enforceable in the UK but will cease to have effect in the EU27. Any new EU AFA filed via read more

Dez 03, 2020
James YANG, Partner, P. C. & Associates, China
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Highlights Overview on the Latest Amendment to the Copy...

On November 11th, 2020, the latest amendment of the Copyright Law has been passed by the Standing Committee of the National People’s Congress of the PRC (hereinafter the “Amendment”), which will come into force from June 1st, 2021. The Amendment is made in response to the major changes in the developments of technology, the dissemination channels of works and the cultural industries in the past decade. It is provided in Article 54 of the Amendment that “as to the willful infringement upon the read more

Dez 03, 2020
Caroline Guy, Therrien Couture Joli-Cœur, Canada
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Trademark Updates for Canada

As of January 1st, 2021, the Canadian Intellectual Property Office (CIPO) will increase certain fees related to trademarks and other intellectual property rights by 2%. For example, the fees for filing a trademark application will increase from $330.00 to $336.60 for the first class and from $100 to $102 per additional class. This is not a significant increase that could affect the decision of whether or not to file an application, such as the United States Patent and Trademark Office increasing the regular electronic filing fee from read more

Nov 19, 2020
Simon Casinader, K&L Gates LLP, United Kingdom
Ravena Guron, K&L Gates LLP, United Kingdom
First published at www.iplawwatch.com

Putting Position Marks Front and Centre: CJEU Considers...

In a recent Court of Justice of the European Union (CJEU) ruling, based on a referral from the Stockholm Court of Appeal, the CJEU considered whether the distinctiveness of a sign that is to be applied to specific services should be assessed with regard to what is customary in the relevant sector. The Court clarified that, in the context of trade marks for services, the assessment of a sign's distinctiveness should not always involve an assessment of norms and/or customs of the sector. In November 2016, Östgötatrafiken, a Swedish transportation company applied for trade marks described as "position marks" for various services produced by means of vehicles and transport. The marks would consist of coloured ellipses of different sizes and placed into certain positions on buses and trains (see below for a few examples of the marks that were filed). Importantly, the position marks are affixed in a particular way to buses and trains used to provide transport services, but the shape of those vehicles were not the subject of the read more

Nov 05, 2020
Vicente Campodonico, OMC Abogados & Consultores, Peru

Bad faith as a cause of trademark irregistrability in C...

Bad faith at the time of registering a trademark is one of the classic figures of law within the field of Intellectual Property and a critical issue in China that causes great concern not only for the Popular Republic itself, but also for foreign companies that have this country in their sights. The increasing expansion of foreign brands in the Chinese market has led to problems regarding the protection of them and, consequently, of their owners. The number of applications for registered distinctive signs has exceeded read more