Issue 069
  September 2016
Contents:
 

MARQUES Annual Conference Day 1 highlights

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Annual Conference Day 2

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Annual Conference Day 3

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A message to MARQUES members from WIPO

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Maintenance of US registrations to become more demanding

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Using trade marks to protect traditional cultural expressions

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Field Note from the Outer Borders: Authentic Indigenous

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New MARQUES events announced

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MARQUES Media Roundup

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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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MARQUES Annual Conference Day 1 highlights

 

A packed first day of this year’s Annual Conference in Villaitana saw updates from EUIPO, discussions on branding and Brexit, and a taste of Spain

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Annual Conference Day 2

 

Annual Conference Day 3

Tips on litigating at the CJEU, the latest design developments and a new volunteer award were among the highlights of the second day at this year’s Annual Conference

 

Indigenous IP rights, EU case law and the winners of the Lewis Gaze Memorial Scholarship were on the agenda on the Annual Conference's final day

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A message to MARQUES members from WIPO

 

MARQUES is pleased to share with members a message received from the WIPO team following this year’s Annual Conference

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Maintenance of US registrations to become more demanding

 

Applicants attempting to maintain their registered marks in the United States should be aware of the potential for additional scrutiny that is to be placed upon holders owning registrations listing more than one good or service in each class, as Michael Leonard and Randall Collins explain

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Using trade marks to protect traditional cultural expressions

Indigenous peoples are seeking to protect their traditional cultural expressions (TCE) for several reasons, including preserving their culture and tradition and maintaining its sanctity and integrity. Karsay Enikö of the IP Outer Borders Team discusses some examples

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Field Note from the Outer Borders: Authentic Indigenous

The artwork and symbolism of indigenous peoples has long been popular outside their communities. It has, however, often been adopted by others without respect to its cultural significance or benefit to the artists and communities from which it originates
By David Fyfield


In 2014, to help address these concerns, Aboriginal Tourism of British Columbia launched the Authentic Indigenous Arts Resurgence Campaign to promote and support artworks produced by members of the indigenous peoples in British Columbia, Canada.

As explained on the campaign’s website, the aim of the campaign is to help consumers make informed choices in their purchases of indigenous art and gift products and to help ensure that the sale of these works provides direct economic benefits to indigenous artists and their communities.

The campaign has developed a logo, shown below, which is registered as a trade mark in Canada – TMA907022.


 

 

 

Indigenous artists, resident in British Columbia, can register with Aboriginal Tourism BC and then use labels featuring the logo on their products. 

The campaign categorises products into three tiers: a first tier where the products are designed, produced and distributed by indigenous artists or businesses; a second tier of products that are designed, approved and distributed by indigenous artists, but may be manufactured by non-indigenous peoples or businesses; and a third tier of products that bear the artwork of an indigenous artist, who has been compensated for their work and has approved the final design, but the producer or distributor may not be of indigenous ancestry.

As Shain Jackson, a Coast Salish artist, explained, the requirement that an indigenous artist approve the product ensures “you’re not getting a sacred design printed on a shot glass”.

David Fyfield is an associate with Charles Russell Speechlys in London and a member of the MARQUES IP Outer Borders Team

New MARQUES events announced

 

MARQUES Media Roundup

Events lined up in the coming months include three workshops on the USPTO, an arbitration/mediation workshop and the second Luxury Brand Seminar

 


The MARQUES Class 46 blog now has 5,000 email subscribers and the LinkedIn discussion group has more than 4,100 members. Have you read the latest posts?

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