Technology, Media and Telecoms | 01 May 2013

Most established brand owners have long been savvy at intellectual property (IP) protection and enforcement when they find their intellectual property rights (IPR) infringed, whether it’s through unauthorised use of their trade marks or infringement of their copyright or design rights. 
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TMT | 01 April 2013

It’s six in the morning and the Mysore ‘self practice’ yoga class at Triyoga in London’s fashionable King’s Road is filling up. I am already in place, concentrating on my sun salutations. Well, that’s what I should be concentrating on. In fact, I’m concentrating on the fact that nearly everyone entering the room is wearing more or less the same yoga gear. The styles vary, but they are distinctive, some with a colourful waistband, all with a discrete ‘A’ logo at the back. This is Lululemon. [Continue Reading]

TMT | 01 December 2012

Recent well-known trade mark cases in Indonesia have revealed a somewhat worrying trend: a number, not by any means insignificant, of first instance decisions of the Commercial Court have been erratic, suffering from questionable reasoning. Many have been overturned on appeal.

This situation differs markedly from that which prevailed in the not too distant past, when the Commercial Court first assumed jurisdiction over cases concerning well-known marks in addition to its bankruptcy caseload. Then, the quality of its decisions was high, and its judgments well reasoned. As a result, there were fewer appeals.
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Technology, Media and Telecoms | 01 November 2012

The current copyright licensing system is struggling to cope with the digital age. There is an increasing division between what consumers expect to be able to do with products they have bought – such as adding the music on a CD to their MP3 collection or sharing the music with members of the family – and what the law permits.
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TMT | 01 October 2012

Protecting trade marks through registration has long been accepted as good practice by businesses around the world. Registration, however, is only the beginning. Enforcement is equally important. In the context of this article, I am referring to enforcement against competing/offending trade mark applications, rather than competing/offending use.

A sound enforcement strategy should include a comprehensive trade mark monitoring (or watching) service that will enable competing/offending applications to be identified at an early stage and appropriate action taken. 
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UAE | 01 September 2012

The Gulf region still represents a growing, often untapped, market for international consumer-facing brands. This is particularly true of the most open and accessible of all Gulf markets – the United Arab Emirates (UAE). The UAE occupies a unique position halfway between Asia and the markets of Africa and Europe. In a very short period of time, it has established itself as a major trade, business and financial hub, as well as a major tourism destination. It is the home of two of the world’s fastest growing and most profitable airlines, bringing people into the region from every corner of the world. Estimates put the Emirati population at 10-15% – the remainder being made up of expatriates, both short and long-term residents, from over 190 countries. When tourists/visitors are added to the mix, a unique market demographic is created, in which the awareness of foreign and international brands is particularly high and many consumers are hungry for something familiar from home. [Continue Reading]

TMT | 01 July 2012

As a result of widespread and rapidly increasing use of the internet in the People’s Republic of China (with over 500 million users, China has the largest internet-using population in the world)1, there is already a great deal of jurisprudence relating to intellectual property infringement and the internet. Although decisions of the courts in China do not establish binding precedents, trends are emerging in relation to the liability of search engines2, and other service providers such as trading platforms and social networks, for trade mark infringement.

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Technology, Media and Telecoms | 01 June 2012

With around £23bn being invested in design in the UK each year1, there can be no doubt that designs are big business, or that they are vitally important for the UK economy. There is, however, significant doubt as to whether current design law and access to justice in this country provide sufficient protection for designs and those working in the creative industries.

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