Posts Tagged: "Spain"

Protecting Trade Secrets in Europe – An Update

With the June 9 deadline for national implementation fast approaching, we surveyed colleagues in our other European offices to check the state of play in their jurisdiction. The picture which emerged was mixed. Much progress has been made towards national implementation of the Directive in the UK, Italy, France, The Netherlands, Denmark, Sweden, and Hungary. Implementation in these jurisdictions is expected on or around the June 9 deadline. Work is also underway in Poland and Finland, but it’s possible that implementation could slip a few months past the deadline. Slightly further behind are Spain, Belgium, and the Czech Republic. Germany is currently lagging behind as the recent political deadlock surrounding the formation of the new government has delayed the legislative agenda, although a draft bill has been promised for the first half of 2018.

C-Suite Executives More Aware of Trademark Portfolio Risk and Reward

Eight in ten C-level executives believe trademark infringement of their marks is on the rise… Despite their feeling that trademark infringement is on the rise, 66% of organizations stated they had plans to launch new marks within the next year, and 80% said they would likely launch even greater numbers if the trademark clearance process were simpler… Clearance has always mattered, but it matters a lot in today’s rapidly evolving trademark ecosystem. Not only are brand owners increasingly focused on clearing brands across multiple channels in multiple regions, but as more and more marks are adopted and registered, the risk of infringement and dilution is also likely to increase. While protectability may be important from a legal standpoint, 45% of polled executives still indicated competitive positioning was most important to them when adopting a new mark. Another 41% indicated they placed value on whether a mark is “unique.” In the United States, protectability was cited by organizations as the third most important factor for a new mark – after competitiveness and uniqueness. Other mark attributes executives signaled as important included global relevance, versatility and timelessness.

Protection of Official Names of States and Prevention of their Registration and Use as Trademarks

Protection of the official names of States and prevention of their registration and use as trademarks have been the focus of attention of the Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications at the World Intellectual Property Organization (the “SCT”) for over six years (since June 2009). Each of the WIPO Member States has both its own national procedures with their peculiarities and some coinciding positions on the subject. Generally speaking, when performing the examination, the competent national authority examines the sign applied for registration as a trademark and consisting of or containing the name of a State in light of formal and substantive legal requirements, like any other sign.

Innovation can create economic success in developing countries facing the middle-income trap

A rising tide lifts all boats. While an age-old saying, the concept is relatively simple really. Of course, the path to broad based economic opportunity for all has been elusive for many countries. If underdeveloped and developing countries are going to transform economically, they need to encourage and support innovation. That means many countries like those facing the so called middle income trap like China, South Africa and Brazil, may want to think about IP protection and enforcement and what it could mean for economic development, in terms of encouraging foreign investment, and with respect to raising the quality of life.

Re-Classification According to New EU Trade Mark Regulation

The new European Community Trade Mark Regulation, as approved by Regulation (EU) 2015/2424 of the European Parliament, entered into force on March 23, 2016. Among other amendments, the provisions of Article 28(8) of the new Regulation substantially change the approach to interpretation of ICGS class headings included in the list of goods/services covered by EU trademarks applied for before June 2012. Previously, before June 22, 2012, a trade mark was deemed to be protected in respect of the entire range of ICGS goods and services included in the alphabetical list for that class provided that such trade mark was registered with reference to the heading of the respective ICGS class.