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IP Legal Updates in China - report
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MARQUES held its first event in Beijing in November. Titled “IP Legal Updates in China”, it featured presentations and discussions involving Chinese judges, lawyers and officials specialising in trade marks
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Meet the Judges in Portugal
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MARQUES held its first Meet the Judges event in Portugal on 6 December, with about 45 people attending the meeting at the Museu do Oriente in Lisbon
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Handy guide to notice and take down procedures
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The MARQUES Anti-Counterfeiting and Parallel Trade Team has published a paper summarising the IP protection procedures available on 30 of the most popular internet platforms and social media sites
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MARQUES review of 2017
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What has MARQUES been doing in 2017? Download and read the annual Achievements List to find out about events, meetings, publications, engagement with IP offices and much more!
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Seasons Greetings from MARQUES
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Webinar on social media
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 The MARQUES Secretariat will be closed during the festive period from 1pm on 22 December to 9am on 2 January. We wish Seasons Greetings to all members and their families!
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MARQUES will be hosting a webinar titled “Social Media Back to Basics: ‘Food’ for Thoughts” on 31 January, starting at 3pm CET/2pm GMT
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EU Commission publishes IP initiatives
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On 29 November the Commission announced a range of measures to ensure that IP rights are well protected, including measures to step up the fight against counterfeiting and piracy
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In its statement announcing the measures, the Commission said it “seeks to deprive commercial-scale IP infringers of the revenue flows that make their criminal activity lucrative – this is the so-called ‘follow the money’ approach which focuses on the ‘big fish’ rather than individuals. It also ensures that enforcement actions are adapted to the requirements of today’s digital age”. Specifically, the Commission aims to: - Ensure an equally high level of legal protection and a predictable judicial framework across the EU. New guidance provides clarification on how to apply the 2004 Directive on the enforcement of intellectual property rights (IPRED). The Directive has proved a relevant tool in fighting intellectual property rights (IPR) abuse, but there have been differing interpretations among Member States of some of its provisions over the years. The guidance clarifies these interpretation issues, which will increase legal certainty for all stakeholders and facilitate civil enforcement across the EU straight away, without the need for new legislation. In addition, the Commission calls on Member States to step up their efforts by boosting judicial training, systematically publishing judgements on IP cases and encouraging alternative dispute resolution tools.
- Encourage industry to fight IP infringements. Building on the positive experiences under the Memorandum of Understanding on the sale of counterfeit goods via the internet, the Commission continues to support industry-led initiatives to combat IP infringements, including voluntary agreements on advertising on websites, on payment services and on transport and shipping. Such agreements can lead to faster action against counterfeiting and piracy than court actions. They complement recent Commission guidelines for online platforms to tackle illegal content.
- Reduce the volume of counterfeited products reaching the EU market. The Commission proposes to reinforce cooperation programmes with third countries (China, South-East Asia, Latin America) and create a watch-list of markets that are reported to engage in, or facilitate, substantial IPR infringement. The Commission will publish an updated report on IPR enforcement in third countries. The Commission will step up co-operation between EU customs authorities, notably by assessing the implementation of the EU Customs Action Plan on IP infringements for 2013-2017 and proposing more targeted assistance to national customs authorities.
The Commission also proposed creating a fair and balanced system for standard essential patents, to give more transparency and predictability. For more information: MEMO/17/4943 - Frequently Asked Questions Factsheet The protection of Intellectual Property Factsheet Why Intellectual Property Rights matter Factsheet Standard Essential Patents Communication: A balanced IP enforcement system responding to today's societal challenges Communication: Guidance on the Directive on the enforcement of intellectual property rights Report on the functioning of the Memorandum of Understanding on the sale of counterfeitgoods via the internet Report on the Evaluation of Directive on the enforcement of intellectual property rights (IPRED) Communication: Setting out the EU approach to Standard Essential Patents
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Latest news from EUIPO
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No more faxes; IP Case Law Conference and the latest news on Designview and TMview – here’s all the key developments in the past month from EUIPO
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Representation of new types of marks
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Robert Guthrie, Chair of the MARQUES European Trade Mark Law and Practice Team, brings news of a Common Communication on the representation of new types of trade marks
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China tops patent, trade mark and design filings
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Worldwide demand for IP rights reached record levels in 2016, driven by demand from China, according to the annual WIPO World Intellectual Property Indicators report
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Russia ratifies Hague Agreement
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Trade mark changes coming on 1 January 2018
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The Russian Federation has deposited its instrument of ratification of the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs
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 WIPO has announced that Madrid Monitor becomes the only tool for tracking international trade mark applications or registrations, and a new version of the 11th edition of the Nice Classification will enter into force
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Issue 084
