Issue 85
  January 2018
Contents:
 

Scammers jailed

>  
 

Scandalous marks

>  
 

Spring Team Meeting

>  
 

New study on GIs

>  
 

IP Key China

>  
 

News from EUIPO

>  
 

Field Notes: Play-Doh

>  
 

New GI/TSG emblem in Turkey

>  
 

TM changes in Argentina

>  
 

Hague Workshop and Social Media Webinar

>  
 

Hague Agreement developments

>  
 

Media Roundup

>  
 
Disclaimer:
The views expressed by contributors to this newsletter are their own and do not necessarily reflect the policy and/or opinions of MARQUES and/or its membership.  Information is published only as a guide and not as a comprehensive authority on any of the subjects covered.  While every effort has been made to ensure the information given is accurate and not misleading neither MARQUES nor the contributors can accept any responsibility for any loss or liability perceived to have arisen from the use or application of any such information or for errors and omissions.  Readers are strongly advised to follow up articles of interest with quoted sources and specialist advisors.
 

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Scammers jailed over misleading invoices

Fraudsters in Sweden have been sentenced to prison for their role in sending misleading invoices to EUTM owners using the letterhead “OMIH”, in a case in which MARQUES gave evidence.

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Scandalous marks: a global guide

In connection with the well-received presentation at last year's Annual Conference, the MARQUES IP Emerging Issues Team has compiled a table showing rules on immoral and scandalous marks in 39 countries. Kate Swaine and Laetitia Lagarde introduce it.

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Book now for Spring Team Meeting

The 16th MARQUES Annual Team Meetings will take place on 8 and 9 March 2018 in the Gran Hotel Miramar, Paseo de Reding, 22, 29016 Málaga, Spain. Booking is now open for Team and Council members.

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New study on GIs

 

IP Key China project to support EU firms in China

A study on the ‘Protection and Control of Geographical Indications for Agricultural Products in the EU Member States’ was published by the European Observatory on Infringements of Intellectual Property Rights in December.

 

IP Key China, launched on 17 January, aims to strengthen and support the IP system in China through specialised collaboration with the EU.

Read More >>  


Directed by the European Commission, IP Key China is implemented by the EUIPO and co-funded by the EU Partnership Instrument.

Its launch statement says:

IP Key China aims to facilitate economic exchanges, trade and investment between EU and China, while developing a level playing field as regards Intellectual Property (IP) protection.

IP Key will provide support to EU firms seeking to make inroads into the Chinese market or already doing business in China through a range of activities.

Overall, the project is designed to strengthen intellectual property enforcement and protection and raise awareness about its importance as a driver of economic growth.

Through close cooperation with Chinese stakeholders and the involvement of industry, academia, enforcement and judicial authorities, the IP Key China project will support the bilateral dialogue on IP through a broad range of activities that will:

  • cover the full intellectual property lifecycle;
  • encompass a wide spectrum of IP rights; patents, trade marks, designs, geographical indications, copyright, trade secrets and plant varieties;
  • focus on IP enforcement, collaborating with enforcers to train Chinese judges dealing with intellectual property matters;
  • provide and extend access to online IP search database to increase the global transparency of IP Rights.

The launch event organised at the Novotel Beijing Xin Qiao was attended by Mr Chen Fuli, Director General of China’s Ministry of Commerce, John Clark, Director at the European Commission, and Christian Archambeau, EUIPO Deputy Executive Director, among other stakeholders.

The IP Key team will consist of seven Beijing-based technical experts and assistants, supported by a team in EUIPO’s headquarters in Alicante, Spain. The core team will be supported by short term experts from other organisations and bodies dealing with IP, including the Community Plant Variety Office (CPVO), the European Patent Office (EPO) and the national administrations of the EU Member States, as well as private practitioners and EUIPO´s own experts.

One of the first goals of IP Key China – and a priority for EUIPO – is the integration of China into TMView, the world’s largest free trade mark search database, which already offers instant access to over 40 million trade marks from the registers participating offices around the globe.

The IP Key China project builds on a previous four-year project, which carried out over 250 activities with Chinese and EU stakeholders, industry, academia and students and a wide range of stakeholder groups.

The project had a number of deliverables, including, notably, the fact that over 4 million Chinese industrial designs were made available through DesignView. China also joined TMclass, the free online trade mark classification database.

Other EU-funded international cooperation projects include IPC-EUI (India, concludes March 2018), and Arise + IPR (ASEAN, signed in 2017). A technical study visit for ASEAN IP offices and ASEC took place in Alicante on 4 to 7 December 2017, with 21 participants.

Latest news from EUIPO

Recent announcements from EUIPO include the launch of the User Satisfaction Survey, cooperation initiatives, JPO records being added to DesignView and new seminars and webinars.

Read More >>

Field Notes from the Outer Borders: Play-Doh applies for rare smell mark in US


In the latest in its series of Field Notes concerning unusual trade marks, Janet Satterthwaite of the IP Emerging Issues Team looks at Hasbro’s attempt to register the distinctive smell of a can of Play-Doh as a trade mark.

Read More >>

New GI/TSG emblem in Turkey

 

Big trade mark changes proposed in Argentina

Özlem Fütman of the MARQUES GI Team explains the new rules on labelling traditional specialities guaranteed and geographical indications in Turkey.

 

Emergency Decree No 27/2018 includes substantial amendments to the Trademark Law designed to shorten prosecution and simplify opposition, cancellation for non-use and nullity procedures. Marco Rizzo Jurado explains.

Read More >>   Read More >>

Coming soon: Hague Workshop and Social Media/Marketplaces Webinar

MARQUES will host the next in its series of Hague Agreement workshops in Copenhagen on 15 March, and there will be a webinar on protecting IP rights in social media and online marketplaces on 29 March.

Read More >>

Latest Hague Agreement developments

 

MARQUES Media Roundup

WIPO has published information regarding the Hague Agreement’s application in Russia and Spain.

 

The MARQUES Class 46 and Class 99 blogs include the latest news and analysis of decisions from the CJEU and national courts, legislative developments and upcoming events. Sign up to receive email alerts.

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