Category Trademarks/Geographical Indications/Domains

The Role Of Social Media In M&A Transactions

Despite the ever-increasing use of social media by businesses, social media assets are often overlooked in merger and acquisition (M&A) transactions. When addressing a company’s assets in a purchase agreement, social media assets tend to be explicitly addressed only very briefly, or not at all. It is important to address such assets explicitly, as they do not always constitute intellectual property rights covered by IP representations and warranties.

US Congressional Leaders Blast WIPO Lisbon Treaty Negotiations

The top bipartisan members of the United States Senate and House of Representatives responsible for trade, legal and intellectual property issues today sent a strongly worded letter to World Intellectual Property Organization Director General Francis Gurry demanding that all WIPO members be permitted to fully participate in an upcoming treaty negotiation and raising concern about the trade and economic impact of currently proposed text. The treaty negotiation among a small group of WIPO members is expected to raise the level of protection of geographical indications, which are a key dividing point between Europe and the United States.

Stakeholders Give Opposing Views On GIs In EU-US Trade Agreement

Geographical indications – product names deriving from geographical origin or certain characteristics – are increasingly on the table when trade negotiations include Europeans, who are trying to recover names long used around the world. In a recent stakeholder event for the Transatlantic Trade and Investment Partnership (TTIP), both sides of the GI issue made their case.

South Africa Supreme Court Of Appeal Losing Its Shape

South Africa's Supreme Court of Appeal has been blessed for the past few decades by having in its ranks judges who have experience and expertise in the field of Intellectual Property Law, writes law professor Owen Dean. With the recent retirement of Louis Harms, the bench at the Supreme Court of Appeal has been denuded of judges who can be regarded as IP experts. The paucity of IP experience on the bench is regrettably beginning to show.

In recent times the Supreme Court of Appeal has given three IP judgments in trade mark cases which, it is respectfully submitted, have been wrongly decided and are not in harmony with the principles of trade mark law and practice, Dean argues.

Circuit Courts Open As Satellites Of China’s Supreme People’s Court

After long preparations, the Second Circuit Court of China’s Supreme People’s Court was officially instituted in Shenyang city, Liaoning province in northeast China on 31 January. Qiang Zhou, president and chief judge of China’s Supreme People’s Court, attended and addressed the nameplate unveiling ceremony of the Second Circuit Court.

Special Report: Will India Bend To US Pressure On IP Rights?

It is no secret that the United States has been scaling up pressure on India to adopt intellectual property measures similar to those common in the United States and the European Union. But to what extent does India’s new government led by the business-friendly Narendra Modi see eye to eye with US official position? Can India, the “pharmacy of the world”, resolve the friction between pharmaceutical patents and access to affordable medicines without putting off foreign investors? The vitriolic and polarising debate surrounding these questions has got a fresh lease of life following US President Barack Obama’s landmark three-day visit to India this week.

While Indian and American business moguls are bullish about the future, Indian generic drug-makers as well as health activists within and outside India are deeply anxious about the shape of things to come