In Brazil, trade dress protection is supported in several regulations, all under the concept of unfair competition. Trade dress protection has also been widely acknowledged by the courts, and case law has been an important source of its doctrinal foundation. This article looks at trade dress protection in the beverage sector and examines several decisions which have granted such protection for types of beer, vodka and wine. | | | | | In a recent case, the Federal Court granted summary judgment in favour of the plaintiff in respect of its patent impeachment action. This decision further demonstrates the Federal Court's recent willingness to grant summary judgment in patent cases in appropriate circumstances. Accordingly, it appears that in certain cases, summary judgment may be a viable option to resolve patent disputes more expeditiously while avoiding the costs of a full patent trial. | | | | | As a rising fashion brand in China, Tommy Hilfiger has been constantly challenged by an increasing number of copycats. In a recent case, Tommy Hilfiger initiated an invalidation action against a Chinese company's disputed mark and successfully invalidated it on the grounds of prior use and the similarities between the designated goods of the disputed trademark and its cited trademark. | | | | | If an invention subject to confirmation is identical to a later-registered patent, a request for a scope confirmation trial will be considered improper as this could result in the later-registered patent's validity being denied without it being subject to an invalidity trial. However, the Patent Court recently ruled that if the IP Trial and Appeal Board ex officio dismisses a scope confirmation trial for this reason but fails to give the parties an opportunity to submit an opinion, such decision would be a procedural violation. | | | | | In an October 2020 judgment the Civil and Criminal Section of the Superior Court of Justice of Madrid largely dismissed the brief of appeal filed by the defendant against the convictional judgment, by which the Provincial Court of Madrid had sentenced him to a two-year prison sentence, a fine and payment of the damage compensation and legal costs of private prosecution for the commercialisation of products that infringed Adidas's Community trademarks and designs. | | | | | In 2019 the new Patent Act took effect, setting stricter time limits for parties to propose attack and defence methods in invalidation procedures to avoid delays in and improve the effectiveness of invalidation examinations. Following public confusion, the Taiwan Intellectual Property Office recently issued a Q&A on the examination practices of the Patent Act, to provide more detailed guidance on the interpretation and application of relevant provisions in specific cases. This article summarises the guidance. | | | | | Since the COVID-19 pandemic started, some new trends have emerged among non-profits looking to maximise their brand value. This article outlines strategies that non-profits should consider when working to maximise brand value, conduct a successful rebrand or monitor the use of copyrighted materials. | | | | | | Authors: Hsiu-Ru Chien, Elina Yu | | | | | Authors: Rodrigo Moraes Costa, Rodrigo Klein | | | | | Authors: Meaghan Kent, Danae Tinelli | | | | | Authors: Patrick Roszell, Robert Baker | | | | | | | IPBC Global 2021 14-16 November 2021 IPBC Global will bring the world’s IP business leaders back together again in 2021 when it reconvenes in Seattle, the fastest growing tech hub in the United States and home to some of the most innovative businesses on the planet.
From 14 to 16 November 2021, attendees at the world’s leading IP event will enjoy unsurpassed networking and deal-making opportunities, as well as the chance to join high-level discussions around the key challenges facing those responsible for developing IP business strategies now and into the future.
For more details please visit: https://cvent.me/ebeeOG?RefId=LexILO | | | | WTR Connect Spring 2021 March 15-19, 2021 WTR Connect returns to Zoom for a week of purpose-built trademark and brand protection discussions with the world’s leading experts.
From 15-19 March, WTR will be hosting more than 20 individual interactive digital sessions live on Zoom, each designed to facilitate discussion, benchmarking and the sharing of best practice around key topic areas and challenges facing trademark and brand leaders.
Each day will start with a keynote address from a major industry figure followed by live breakout discussions lasting for a maximum of 60 minutes. These will be in a variety of different formats, including masterclasses, open discussions forums, solution rooms and closed-door, invite-only boardrooms.
You can register for as many sessions as you like across the week, building your own schedule.
For more details please visit: https://cvent.me/0l7VlR?RefId=LEX | | | | Patent Transactions 2021 28-29 April 2021 | Zoom IAM is delighted to present the inaugural Patent Transactions, an online event designed to deliver a global overview of IP dealmaking, with a separate deep-dive focus on the Asia-Pacific market.
On 28 and 29 April, many of the world’s leading IP dealmakers will share best practices around buying, selling and licensing patents in the ever-changing global landscape.
Engage with key licensing decision makers, buyers and sellers from across the patent market and learn first-hand from their experience and insight. For more details please visit: https://events.iam-media.com/7yygwW?RefId=LexILO | | | | IP Risk Management 2021 27-28 January 2021 Intellectual property is one of the most important assets that businesses can own and is increasingly prominent on the corporate agenda. While budgets get tighter and resources scarcer, threats continue to grow. All the while, IP leaders must ensure that they are protecting their assets and proactively mitigating the risks surrounding them.
IAM’s IP Risk Management event, live on Zoom on 27 and 28 January 2021, will focus on key strategies, best practices and lessons learned for identifying, measuring and mitigating IP risk.
For more details please visit: https://cvent.me/BNXWEm?RefId=LEX | | | | | | |