Amendments to the Argentine Trademark Law: Initial Impact

2020 ◽  
Author(s):  
Iris V Quadrio ◽  
Carol A O’Donnell
Keyword(s):  
Intellectual Property ◽  
Case Law ◽  
International Standards ◽  
Industrial Property ◽  
Trademark Law ◽  
Reference Guide ◽  
Starting Point ◽  
Comparative Review ◽  
Trademark Protection ◽  
Administrative Procedures

Abstract This paper examines the principal changes to the Argentine Trademark Law in 2018. The aim of these amendments was to reduce bureaucracy and simplify administrative procedures in a vast diversity of areas besides intellectual property, such as corporate, finance, insurance and labor matters, among others. With respect to intellectual property, however, some of the changes seem to be substantive and not merely procedural. The purpose of this article is to analyze the changes to the Argentine Trademark Law and provide a practical reference guide in relation to trademark protection in Argentina. The authors discuss how the system for resolving oppositions has been simplified, reducing time and costs to obtain registrations. In addition, the authors provide a comparative review of some of the judicial decisions ruled on the merit of oppositions and those adopted by the National Institute of Industrial Property in 2020. Based on this comparative case law and the analysis of the amendments to the new law, the authors share their views on the implementation of the changes and their application in practice, which may serve as a starting point for those interested in registering their trademarks in Argentina. They conclude that the modifications to the Argentine Trademark Law are positive and aim to bring the Argentine system in line with international standards.

scholarly journals Industrial Intellectual Property as the EU’s Innovative Development Factor

2021 ◽  
Vol 104 (4) ◽  
pp. 107-118
Author(s):  
Darya Soldatenko ◽  
Keyword(s):  
Intellectual Property ◽  
Innovation Policy ◽  
High Tech ◽  
Successful Implementation ◽  
The European Union ◽  
Industrial Property ◽  
Eu Member States ◽  
Development Factor ◽  
Trademark Protection ◽  
The Eu

The article addresses correlation between the use of different intellectual property objects and the general goals of innovation policy of the EU. The subject of the research is industrial intellectual property along with trademarks and patents for inventions. The research period is limited to 2010‒2019. Based on the data from annual European innovation board and analysis of the dynamics of the activity of the EU member states in the field of intellectual property, the author identifies a group of EU countries that have the biggest potential in the use of the stipulated industrial property. It is show that trademark protection is mostly used in the medium and high-tech industries of the sample countries. However, there is a certain differentiation in the scale and dynamics of its application. Moreover, the author points out a high interest of the third countries such as USA, Japan and China in obtaining competitive advantages in the EU market through registration of a trademark in the European Union intellectual property office. The unified patent system in the EU is still at the preliminary stage as the most used national patent systems within the EU are the German and the French ones. The analysis demonstrates advantages of intellectual property systems in the Netherlands and Sweden. The author concludes that the successful implementation of the EU innovation policy through the creation of a system of exclusive industrial property rights is under way.

scholarly journals Legal Protection of the Famous Trademarks In Accordance with the Laws in Force in Palestine

2019 ◽  
Vol 2 (1) ◽  
pp. 81
Author(s):  
Amjad Hassan ◽  
Hasan Falah
Keyword(s):  
Intellectual Property ◽  
Legal Protection ◽  
Industrial Property ◽  
Trademark Law ◽  
The Public ◽  
Goods And Services ◽  
General Rules ◽  
Special Rules ◽  
International Conventions ◽  
Paris Convention

A trademark is considered to be one of the most important elements of intellectual property for its ability to distinguish goods and services from others, it is the fruit of the effort of the merchant who did the best he could to bring the product to its fame and gained the admiration of the public worldwide. The merchant aims to attract customers, control the market, compete legitimately and takes the trademark as a way to achieve it, the greater the fame of the brand, the greater its popularity and financial value. This leads others to try to take advantage of the reputation and popularity of this brand by simulating, copying or falsifying it, which harms the owners of trademarks and consumers and negatively affects the development of the national economy. The regulation of well-known trademarks is a national necessity and an international requirement, and therefore Arab laws and international conventions "The Paris Convention for the Protection of Industrial Property and the Agreement on the Aspects of Intellectual Property Rights from International Trade" (TRIPS) all implemented special regulations of well-known trademarks. In Palestine, the Jordanian Trademark Law No (33) of 1952 is applicable in the West Bank and the Regulator of Trademarks in general; It did not establish special rules for the protection of well-known trademarks, which imposes on the Palestinian judiciary and specialists the burden of searching for ways to protect these marks in accordance with the provisions of the Trademark Law and the general rules, judicial principles and practical familiarity with reality.

scholarly journals On issue of criminal liability for violations of intellectual property rights

2020 ◽  
pp. 101-104
Author(s):  
M.S. Utkina
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Criminal Liability ◽  
Legal Protection ◽  
Criminal Code ◽  
International Standards ◽  
Criminal Proceedings ◽  
Industrial Property ◽  
Criminal Legislation

The issues of criminal liability for violations of intellectual property rights in Ukraine as well as examples of foreign countries (Federal Republic of Germany, French Republic, United States of America, Swiss Confederation) were analyzed. The author has identified major international instruments that set out basic international standards for the protection of intellectual property rights. It has been determined that Article 61, Section 5, of the Agreement on Trade-Related Aspects of Intellectual Property Rights, or the TRIPS Agreement, lays down provisions on criminal proceedings. The author analyzed the provisions of the current criminal legislation of Ukraine, according to which the occurrence of criminal liability is possible in case of violation of property rights of owners, without taking into account personal non-property rights. The article also states that, in accordance with the provisions of the articles of the Criminal Code of Ukraine, a peculiarity of domestic criminal legislation on infringement of intellectual property rights is that this type of liability can occur only if the owner of the rights of property damage in a large, large or especially large size. With regard to the Institute of Industrial Property, the Criminal Code of Ukraine provides for liability for the unlawful use of an invention, utility model, industrial design or variety of plants, if the material damage was done, as previously stated, in a significant, large or particularly large sizes. The author has determined that the urgency of the solution requires the issue of extending legal protection to new and emerging technologies. As with this, the nature of the violations and the process itself change. Against this background, there is a serious challenge to the intellectual property system. In turn, the process of protection and protection of intellectual property may be enhanced by having an adequate and effective system of state mechanism for preventing and ending offenses. It can also be achieved by simplifying the process of proving infringement in the field of intellectual property, and thus the procedure for bringing the perpetrator to justice.

Critical Appraisal of the Recent Case-Law of the European Union Intellectual Property Office (EUIPO)

2020 ◽  
Vol 26 (2) ◽  
pp. 228-231
Author(s):  
Tudor-Vlad Sfârlog
Keyword(s):  
European Union ◽  
Intellectual Property ◽  
Critical Appraisal ◽  
Case Law ◽  
Recent Case ◽  
The European Union ◽  
European Legislation ◽  
Trademark Protection

AbstractTrademark protection has a temporal and territorial character. The European Union Intellectual Property Office facilitates the protection of trademarks at the European Union’s level. The present study analyzes the conditions of admissibility for the registration of a mark in case of opposition. In the elaboration of the study, we considered the European legislation in the field, the decisions and resolutions that constitute a source of law in the field. In this regard, we analyzed the recent case law of the European Union Intellectual Property Office and formulated a series of critical theses.

Messi vs. Massi, Prior Right vs. Reputation: The Decision of the Court of Justice of the European Union and Its Assessment with Regard to the Turkish Trademark Law

2021 ◽  
Author(s):  
Çiğdem Yatağan Özkan
Keyword(s):  
European Union ◽  
Intellectual Property ◽  
Case Law ◽  
Football Player ◽  
Court Decision ◽  
Court Case ◽  
The European Union ◽  
Trademark Law ◽  
Court Of Justice ◽  
Likelihood Of Confusion

Abstract The Messi case,1 which originated with the decision of the European Union Intellectual Property Office (EUIPO) in 2011 and was finalized in 2020, surprised the IP world/practitioners with the remarks of the first instance court and the Court of Justice of the European Union (CJEU) as their findings were contrary to the established case law regarding the implementation of the relative grounds of refusal. Lionel Messi was a party to the court case as the applicant of the later application for the same classes of goods; the first instance court overruled the appeal of the owner of the earlier trademark based on relative grounds, given Lionel Messi’s reputation as a famous football player and thus the reputation of his surname ‘Messi’, even though the two trademarks were considered visually and phonetically similar. It was reiterated in the court decision that the reputation of the owner of the later trademark application neutralized the likelihood of confusion with the earlier trademark. Moreover, the judgment (dated 17 September 2020) of the Tenth Chamber of the CJEU went beyond the ordinary scope of trademark law. In this study we will discuss, in the context of the Messi decision, the influence of the reputation of a later trademark on conceptual differentiation and the possible results of not adducing evidence proving the reputation of a trademark.

scholarly journals Trademark Protection in Bankruptcy Proceedings: A Closer Look at Lubrizol and its Progeny

2015 ◽  
Vol 15 (1) ◽  
pp. 57-76
Author(s):  
Endia Vereen
Keyword(s):  
Intellectual Property ◽  
Case Law ◽  
Negative Effects ◽  
The Future ◽  
Trademark Protection ◽  
Continued Use ◽  
Bankruptcy Code ◽  
Definition Of ◽  
The Right

When the worlds of bankruptcy and intellectual property licenses converge, licensees are placed in potentially dangerous positions. The seminal case on this issue, Lubrizol Enterprises, Inc. v. Richmond Metal Finishers, Inc., stands for the proposition that when a licensor rejects an intellectual property license as "executory," the licensee no longer has the right to rely on provisions within the agreement with the debtor for continued use of the technology. To countermand the negative effects of Lubrizol, Congress amended the Bankruptcy Code, but intentionally omitted trademarks from the definition of intellectual property. This omission has produced a string of conflicting case law, leaving trademark licensees in a precarious position with few options for recourse. This Note discusses the Intellectual Property Bankruptcy Protection Act and trademark protection specifically, and details the circuit split created by Sunbeam Products, Inc. v. Chicago American Manufacturing. This Note focuses on the implications of the circuit split, and concludes by providing some suggestions for how courts can resolve this issue in the future.

scholarly journals Trademarks Worth a Thousand Words : Freedom of Expression and the Use of the Trademarks of Others

2012 ◽  
Vol 53 (4) ◽  
pp. 877-907
Author(s):  
Teresa Scassa
Keyword(s):  
Property Rights ◽  
Intellectual Property Rights ◽  
Private Property ◽  
Freedom Of Expression ◽  
Case Law ◽  
The Internet ◽  
Trademark Law ◽  
Private Property Rights ◽  
Trademark Protection ◽  
Expressive Content

Trademarks play an important role in facilitating critical speech in an increasingly corporate capitalist society. Not only do they serve as markers for expressive content on the Internet, they can also be used as vehicles for the communication of critical messages about the trademark owner or its products or services. In this paper, the author examines the implicit balance in the Trade-marks Act between freedom of expression values and trademark rights, and argues that it is being significantly altered by the contemporary push for greater trademark protection. The author identifies specific problems that emerge from Canadian case law relating to freedom of expression and trademark law. These include the treatment by courts of intellectual property rights as private property rights, inattention to the trademark/copyright overlap, the troublesome distinction between commercial and non-commercial uses, and the phenomenon of trademark bullying. The author argues for a sharp evolution in Canadian case law that would establish clear parameters for critical speech using trademarks.

The Protection of Non-Traditional Trademarks

2018 ◽  
Keyword(s):  
Intellectual Property ◽  
Freedom Of Expression ◽  
Fundamental Rights ◽  
Comprehensive Overview ◽  
Property System ◽  
Starting Point ◽  
Problems And Solutions ◽  
The Status ◽  
Trademark Protection ◽  
The Impact

During the last decades, non-traditional marks have found their way into trademark registers worldwide. Against this background, the time has come to take stock. Which law and practice has evolved with regard to these marks? How do trademark offices and courts address the wide variety of issues—ranging from legal-doctrinal to competition-based and cultural concerns—that are raised by the inclusion of non-traditional marks in the trademark system? Which positions have evolved in the debate on the continuous expansion of the domain of trademark protection? Which repercussions does this expansion have on other branches of intellectual property protection and the intellectual property system as a whole? Offering a fresh, critical, and interdisciplinary analysis of the questions raised by the acceptance of non-traditional marks, this book provides an insightful academic—and at the same time practical—legal and economic review of the topic. Office and court decisions from different countries and regions serve as a starting point for a comparison of existing approaches to non-traditional marks. Providing a comprehensive overview of the status quo in different jurisdictions, the essays in this book offer a cutting-edge discussion of legal problems and solutions in the field of non-traditional marks. The analysis, however, goes far beyond specific questions of trademark law and practice. It places the issue in the broader context of fundamental rights, in particular freedom of competition and freedom of expression, and explores the impact on other fields of intellectual property, such as patent, copyright, and industrial designs law.

scholarly journals Standards Requirements as a Means of Prevention Infringement of Intellectual Property

2020 ◽  
pp. 128-136
Author(s):  
Tetiana G. POPOVYCH
Keyword(s):  
Intellectual Property ◽  
Pharmaceutical Industry ◽  
Public Relations ◽  
International Standards ◽  
World Intellectual Property Organization ◽  
The European Union ◽  
Industrial Property ◽  
Property Relations ◽  
Wide Range ◽  
Formal Rules

The publication proposes to consider standardization as a special tool for regulating public relations, which arise in the field of intellectual property, including in the pharmaceutical industry. It is proposed to apply the requirements of standardization as formal rules, which allow denial of rights in this area. It is noted that despite the common nature all intellectual property have very specific process for the creation, purpose and methods of use. Therefore, these issues are regulated by acts with special content, dedicated to the protection of various intellectual property. The functions of special laws are: complex regulation of relations in the field of use of a particular object, including the public law sphere, detailing the property relations regulated by the Civil Code of Ukraine, definition of all important concepts and terms. They also are a convenient way to fill gaps, as practice detects. Intellectual property must be properly organized and formalized in documents (standardized). Standardization is associated with our products, which are mass, where each unit should not differ from the others. The paradox is that standardization plays a significant role in managing the economy to increase the efficiency and productivity of social production and improve product quality. A characteristic feature of standardization is that its scope and application development level have a wide range. There is no sphere of human activity, which was not involved in standardization. With the spread and deepening of knowledge, the development of science and technology, the improvement of production, the scope of work is growing significantly and the scope of application of the principles of standardization is expanding. From the purpose of standardization we can conclude that it is the organizational and technical basis of all activities at both the national and international levels. Strengthening scientific, technical and economic ties draws attention to the standardization of all developed and developing countries, as well as technical, economic, international, regional and national organizations, businesses and individuals. This is the result of objective necessity streamline management processes and economic production processes. In the field of pharmacopoeia ISO-standards are internationally applicable. These are mostly standards for equipment in the pharmaceutical industry. The standards of the World Intellectual Property Organization are aimed at solving the problem of standardization of patent information and documentation. The development of intellectual property relations includes the harmonization (adaptation) of Ukrainian legislation to the international standards for regulation of economic relations, to the legislation of international economic unions, including all those unions which Ukraine participates in or plans to participate (including the European Union). In 1997, Ukraine initiated a system of state standards in the field of industrial property and commissioned standards DSTU 3574-97 (Patent form. The main provisions.Drawing up and design) and DSTU 3575-97 (Patent research.The main provisions and procedures). The author proposes to understand standardization and other means of regulatory influence of the state as those that are able to balance public and private interests, which will allow the development of industries that have mixed regulation, including intellectual property rights. If we consider standardization as a means of regulation is a legal category to achieve a specific result, it is a way to influence the relationship of intellectual property (constraining external factors on the will of the subjects) and the right way (creating formal rules to secure the rights of subjects). This is how the combination of private and public in the field of intellectual property takes place. Keywords: WIPO standards, DSTU, intellectual property relations, private law, public relations.

Non-Signatories in International Commercial Arbitration: Contesting the Myth of Consent

2018 ◽  
Vol 18 (2) ◽  
pp. 59-84
Author(s):  
Slavomír Halla
Keyword(s):  
Case Law ◽  
Good Faith ◽  
Mutual Understanding ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
Starting Point ◽  
Professional Audience

Abstract Consent, the final frontier. International commercial arbitration is a dis­pute resolution mechanism embedded in consent of the parties involved. Presentation of such a mutual understanding is done through an arbitration agreement. However, the aim of this paper is to analyse whether its contractual, indeed consensual, nature is the only element which the courts use to identify the subjects who may compel or must be compelled to arbitrate disputes, or whether they employ other considerations as well. The paper will focus on extension doctrines which might be less known even to a professional audience: piercing of the corporate veil, estoppel & group of companies. A review of selected case law leads to a conclusion that consent-finding analysis is defi­nitely a starting point of any analysis. However, at the same time courts and arbitrators do indeed use tools of contract interpretation and the ones based on equity or good faith considerations to establish, and exceptionally force, the implication of consent far beyond what is obvious.

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