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EU Trademark Case Leads To Rules On Use Of Nice Classification

The perhaps underestimated list of goods or services that applicants file with their trademark applications play an essential role in defining the protection the trademark will have.

Registrars use this list to determine if an application should be refused and if it limits a trademark’s exclusive rights. The goods or services listed in an application can also motivate oppositions from competitors with prior rights or cause the future cancellation of the trademark.

A recent trademark case in the European Union calls into attention the need for authorities to establish clear, predictable rules to identify goods and services in trademark systems. Further, the case highlights why it is important for applicants to carefully consider which goods or services they wish to protect and clearly identify them in an application.

“Innocence of Muslims” Creates Copyright Controversy In US

When “Innocence of Muslims” first appeared online, the video provoked outrage among millions of Muslims around the world. Now the consternation has spread to many copyright experts, internet firms, news organisations, and entertainment companies, who assert that a recent 9th Circuit decision about the movie makes a major change in US copyright law, with terrible consequences for the internet, media, and free speech. Others state that the ruling makes no change at all in US law.

US Corporate IP Counsel Hear Latest Updates On Patent System

NEW YORK - “This is a very, very exciting time be in patent law,” Drew Hirshfeld, deputy commissioner for patent examination policy at the US Patent and Trademark Office, told a group of intellectual property lawyers last week.

In his keynote address to the 19-20 March Corporate IP Counsel meeting in Manhattan, Hirshfeld and a range of private sector speakers laid out a picture of a highly dynamic field, with legal and business opportunities and challenges changing every day.

New Document On Technical Assistance, But WIPO Design Treaty Still In Trouble

World Intellectual Property Organization delegates are trying to find a way out of a dividing line on how to address technical assistance in a potential new treaty on industrial designs. A new non-paper by the chair of the WIPO Standing Committee on the Law of Trademarks, Industrial Designs and Geographical indications (SCT) was released this morning. At stake is the committee's recommendation on the convening of a high level meeting to agree on the treaty.

EU Unified Patent Court Judicial Training Centre Launches

The European Union Unified Patent Court agreement has not yet been fully ratified but plans are on track to ensure that the judges who staff it are of the highest quality, speakers said at today’s opening ceremony for the judicial training centre in Budapest, Hungary. Future UPC users still have some concerns about the new system, but are giving it a generally good reception, the chairman of the UPC Preparatory Committee said.

Design Treaty, Country Names, Geographical Indications Next Week At WIPO

The World Intellectual Property Organization committee on trademarks will address three main issues next week. Among them, delegates will look to advance a draft treaty facilitating the international registration of industrial designs, and try to agree on how to address technical assistance in that draft treaty. In addition, the United States has a proposal to invite into the committee discussions on a proposed revision of the Lisbon Agreement on the Protection of Appellations of Origins, and Jamaica is pursuing its effort at a stronger international soft law for the protection of country names against use as trademarks.

At WIPO: New Business Models Aim To Shrink Market For Counterfeits

New business models for reducing markets for counterfeit and pirated goods were presented by speakers at the WIPO Advisory Committee on Enforcement this week, including voluntary mechanisms and graduated responses. But prices on brand name products was a little-explored issue during the presentations, only underlined as a possible factor of piracy by one developing country delegation.

Parallel WIPO Initiative On Access For Visually Impaired Steps Up

A growing number of countries are signing the new World Intellectual Property Organization treaty on copyright exceptions aimed at boosting access to special format books for visually impaired persons. Parallel to the treaty and pre-dating it, a WIPO-led initiative of interested stakeholders is continuing its efforts to also boost access to such works, including through licence agreements.