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Erik Wilbers of WIPO gives Kay Uwe Jonas lecture
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Erik Wilbers, Director of the WIPO Arbitration and Mediation Center, discussed the evolution of the UDRP system in the 2017 Kay Uwe Jonas Memorial Lecture, held during the MARQUES Spring Team Meeting in Geneva
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Spring Team Meeting in Geneva
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Some 170 MARQUES members attended the Spring Team Meeting in Geneva this month, which included a workshop on the Madrid System, a Leadership Meeting of Team chairs, the annual Kay-Uwe Jonas Memorial Lecture and presentations by all 20 MARQUES Teams and Task Forces
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Your guide to the Hague System
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Certification marks report published
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MARQUES, in collaboration with WIPO, will present the first in a series of events on the Hague System on 27th April in Munich
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The Regulatory Team has compiled a report on certification marks, which is available to read on the MARQUES website
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Changes to geographical indications in Turkey
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Turkey’s new IP Code introduced some important changes to GI and TSG protection. Özlem Fütman of the MARQUES GI Team explains
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Field Notes from the Outer Borders: TRADEMARK
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In the latest report from the IP Outer Borders Team on unusual trade marks around the globe, Rob Deans and Janet Satterthwaite discuss attempts to register TRADEMARK as a trade mark
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Updates from EUIPO
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WIPO cybersquatting cases hit record high
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Meetings in Barcelona and Alicante and this month’s list of Tuesday webinars are all likely to be of interest to MARQUES members
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Trade mark owners filed 3,036 cases under the UDRP with WIPO in 2016, an increase of 10% on the previous year, according to data published this month
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Report reveals European citizens’ views on IP
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A new study published by the EU Observatory on Infringements of Intellectual Property Rights assesses how EU citizens perceive intellectual property, to what degree they respect IP rights and how their perceptions compare by age and region
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Recommendations on packing materials from HK Customs
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DG TAXUD has shared some recommendations for IP right holders in the EU regarding packing material (labels, stickers, etc) shipped from Hong Kong
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HK Customs could not stop such infringing material, despite the cooperation between the EU and Hong Kong. But they have recently made the following recommendations to rights holders to help them get an enhanced level of enforcement of their rights by Customs authorities: - It is strongly recommended to rights holders in the EU to get their TM registered for goods, including tobacco, with HK Customs (HKC) even if their brands are not popular in HK. Without this registration, the TM will not be actionable in HK and HKC will not be in a position to stop suspected shipments and/or to further investigate on the case.
- Moreover, rights holders in the EU should also register their TM for the class of packing material (class 16). Regarding tobacco, pouches are actually classifiable in the same class as any tobacco product in accordance to Nice. The rights holder will need to specify this category “tobacco pouches” clearly during registration. However, from an operational angle, enforcement officers may not be able to assure if those plastic pouches are goods by themselves or are material for packaging. Hence, IP Department (IPD) in HK recommends registering the trademark also under class 16.
- If the trademark is registered with the right category under the right class, the rights holder needs only to prove those packing materials are counterfeit and HKC can then seize them without proving the intent. Otherwise, HKC would detain packaging material if the rights holder brings sufficient evidence that it is intended for counterfeiting goods.
- HKC can take action based on copyright ordinance for packaging material of specific design. However, the rights holder needs to complete HKC recordation procedure and appoint an examiner in respect of the copyright of the packaging material’s design drawing. Whenever the rights holder changes the design they will need to complete the recordation again with the new design drawing. Also if the intercepted pouches have some deviation on the printing, it may render them non-actionable based on copyright. In short, enforcement against forged trade mark in general is more effective than against copyright infringement of the packaging design drawing.
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Luxury Brands Symposium in Hong Kong
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MARQUES Media Roundup
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MARQUES held the Luxury Brands Symposium in Hong Kong on 16th and 17th March
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Don’t wait to keep up-to-date with MARQUES news and activities! Find out what’s happening in trade marks and designs with the MARQUES blogs, and on Facebook, LinkedIn and Twitter
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Issue 075
