OMC Abogados & Consultores | Peru | 26 Jul 2021
In Peru, the fashion industry grows every day. Many designers do not protect their designs, either because they are unaware of the forms of protection offered by the Peruvian legal system or because they cannot access such protection due to costs or other factors. Thus, after reviewing the key concepts and analysing the main obstacles in the world of fashion, this article provides a clear......
Smart & Biggar | Canada | 12 Jul 2021
The Canada-United States-Mexico Agreement (CUSMA) has celebrated its first anniversary, prompting reflections on the changes that it has brought about for brand owners. With the passage of the CUSMA, the Canada Border Services Agency may now detain in-transit commercial shipments of suspected counterfeit goods travelling through Canada en route to their final destinations.
Smart & Biggar | Canada | 15 Apr 2019
The new trademark law will take effect on 17 June 2019. Among the changes is a new fee-per-class structure, under which the government renewal fee will be C$400 for the first class and C$125 for each additional class. Brand owners can potentially realise huge savings if they take steps to renew all of their existing Canadian trademark registrations before the new law takes effect.
Smart & Biggar | Canada | 25 Mar 2019
Canadian trademark law will be overhauled on 17 June 2019, with many significant changes – both procedural and substantive – coming into effect. This article discusses the important strategies to consider before these changes take effect, including tips that could save time and money now and in future.
Smart & Biggar | Canada | 20 Mar 2019
Following its stakeholder consultations and analysis of issues relating to the name of biologic drugs, including biosimilars, Health Canada recently announced its Policy Statement on the Naming of Biologic Drugs. To implement the naming convention, Health Canada will, among other things, communicate with stakeholders on the importance of recording both brand and non-proprietary names......
AKD | Netherlands | 18 Feb 2019
The Hague District Court recently issued a preliminary ruling in which it held that Lacoste could not invoke its famous crocodile trademark in order to prohibit the use of a crocodile motif on children's underwear. This preliminary judgment is one of only a few examples in which the use of a sign has been considered purely decorative (and thus could not be perceived as trademark use)....
KISCH IP | South Africa | 14 Jan 2019
The Constitutional Court's recent judgment decriminalising the private use of cannabis has garnered significant attention in South Africa. As predicted, the judgment has encouraged a number of existing and potential companies to create a brand for their business in order to grow and distribute cannabis in South Africa. Unfortunately, most of these businesses must delay their plans for their......
Kim & Chang | South Korea | 24 Dec 2018
The Korea Customs Service recently issued an announcement regarding proposed amendments to the Korea Customs Guidelines for Import and Export Customs Clearance Procedures for Intellectual Property Rights. Of note for brand owners is the fact that the customs recordation term is set to increase from three years to 10 years. Further, the process for recording patent and design rights will be......
Smart & Biggar | Canada | 3 Dec 2018
Section 22 of the Trademarks Act, depreciation of a registered trademark's goodwill, is a potentially powerful yet generally underused weapon for dealing with damaging comparative advertising campaigns. Dilution-type claims to prevent comparative ads displaying a registered trademark are particularly complex as they require that the advertising actually 'use' the registered mark within the......
Howse Williams 何韋律師行 | Hong Kong | 21 Nov 2018
A Hong Kong court recently considered the enforcement of a non-solicitation clause against an employee who was employed as a delivery worker. The court's observations in this case as regards the enforceability of non-solicitation clauses reiterate the well-established position that employers have no right to be protected against competition per se.