scholarly journals Challenges of Transnational Trademark Law Practice: The Case of Nigerian Companies’ Brands in OAPI States

2015 ◽  
Vol 45 (1) ◽  
pp. 321-347
Author(s):  
Caroline Joëlle Nwabueze
Keyword(s):  
Intellectual Property ◽  
Legal Status ◽  
Physical Property ◽  
The European Union ◽  
African Region ◽  
Industrial Growth ◽  
Business Decision ◽  
Goods And Services ◽  
Economic Support ◽  
Trademark Protection

Nigeria industrial growth has turned the country into an indispensable economic support for its neighbours. Only for the case of Cameroon, Nigeria has been the leading supplier with respectively 22% and 17.8% of imports in 2011 and 2012 with trade amounting to 328 billion FCFA per annum. This results in part from Nigerian companies’ exportations in local markets. Nigerian trademarks related to cosmetics, furniture, electronics, and pharmaceutical goods abound in neighbouring countries. However, a strengthening of Nigerian companies in regional markets encompasses strategies to avoid infringing on the trademark rights. Such strategies should include the consideration of special trademarks features by different institutions of the intellectual property (IP) system in the relevant neighbour export markets. This is by the mere fact that the legal status of those goods, although physical property, relies mainly on the material law applicable, which is trademark in the present case. Because the principle of territoriality requires that trademark protection be sought in the place where the goods are sold—and trademark applications filed in each country in which protection is sought—, Nigerian companies planning to outsource some business activity in neighbour markets will seek compliance with trademarks norms applicable in the Organisation africaine de la propriété intellectuelle (OAPI) of which those countries—Benin, Cameroon, Chad, and Guinea—are part. The trade partnership between companies from a common law trademark background on one hand, and civil law intellectual property community on the other, inevitably raises some frictions and trademarks issues. This article analyses the trademark challenges arising from Nigerian companies’ business decision to enter OAPI markets and export goods and services. The article firstly underlines the issues to be taken into consideration, including registration and enforcement of the companies’ marks in OAPI. Then the paper simultaneously reviews the dissimilarities issues between the Nigerian Trademark Act and the OAPI Trademark System to which the Nigerian companies are confronted. If trademark protection makes it easier for an enterprise to access transnational markets, the establishment of a Trademark Community with neighbouring countries helps for sure national industries to establish partnerships with other firms for sustainable development in the areas such as production, marketing, distribution or delivery of goods and services. In light of the trademark harmonisation in the European Union internal market, the present paper concludes by recommending the creation of a Trademark Community in the West and Central African region between Nigeria and its neighbouring countries.

scholarly journals Protection of intellectual property rights on a trademark

2020 ◽  
pp. 19-24
Author(s):  
L.V. Zolota ◽  
G.V. Rusak
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Necessary Condition ◽  
International Treaties ◽  
Goods And Services ◽  
Unique Object ◽  
Trademark Protection ◽  
The Moment ◽  
Trademark Use

In the process of developing their own business, legal entities and individuals are looking for new ways and tools to separate, individualize goods or services from others. The most effective tool to individualize and promote business not only in domestic but also global markets is a trademark. Therefore, it is worth paying attention to the brand from the moment of business formation. After all, the consumer perceives the brand visually, phonetically, semantically, it is a tool that psychologically affects the consumer of a product or service and forces him to make a choice. Relations arising during the acquisition, exercise and protection of trademark rights are provided by the Constitution of Ukraine, the Civil and Commercial Codes of Ukraine, the Law of Ukraine "On Protection of Rights to Marks for Goods and Services", as well as relevant ratified international treaties and other regulations acts. Also, the relevance of this topic is due to the fact that the trademark is a special, unique object of intellectual property rights, a means to individualize goods and services, as well as business participants. Problems of trademark use and protection are a significant issue, as a necessary condition for effective economic development, increasing the level of product competitiveness, not only in Ukraine but also abroad, protection against unfair competition is the proper implementation of trademark rights. During the writing of the article to achieve the goal the concept of trademark in Ukraine and its features were revealed, differences of trademark from other marks for goods and services were established, the legislation of Ukraine in the field of trademark protection was analyzed and characterized trademark in Ukraine.

scholarly journals The series of trademarks: theory, legislation, law enforcement

2021 ◽  
pp. 45-53
Author(s):  
Nataliia Myronenko
Keyword(s):  
Law Enforcement ◽  
Intellectual Property ◽  
Legal Protection ◽  
Property Law ◽  
The European Union ◽  
Association Agreement ◽  
Intellectual Property Law ◽  
Goods And Services ◽  
European Court ◽  
Ip Law

Key words: trademark, series of signs, dominant element, originality, resolution The article, based on the analysis of the doctrine of intellectual property law,legislation of Ukraine, law enforcement practice, examines the state and prospects ofproviding legal protection of a series of trademarks. To overcome the existing gap inthe legislation of Ukraine, the need to amend the Law of Ukraine «On Protection ofRights to Marks for Goods and Services» is justified. It is proposed to define «a seriesof marks as a set of trademarks belonging to one owner of interdependent rights, interconnected by the presence of the same dominant verbal, figurative or combined element,having phonetic and semantic similarity, and may also bear minor graphic differencesthat do not change the essence of the trademarks. The lack of definition ofthe term «dominant element» in the legislation is emphasized. Based on the provisionsof the philosophy and doctrine of intellectual property law, the dominant elementmeans the smallest indivisible component of the trademark, which is originaland not descriptive. Based on this, its main features are distinguished: originalityand indivisibility.It is proved that the same position of the dominant element in the structure of allsigns is necessary to create a stable image of consumers in relation to a particularproduct and its manufacturer. Examples of court decisions on recognition or refusal toprovide legal protection to trademarks are given.In the context of reforming the legislation of Ukraine in terms of its approximation toEU legislation and the development of relevant case law, which must meet Europeanstandards, the expediency of using the legal positions of such a leading democratic courtas the European Court of Justice is justified. Attention is drawn to the fact that the decisionof the ECJ is not a source of law for resolving disputes of this category by the courtsof Ukraine. At the same time, they are a source of harmonious interpretation of the nationallegislation of Ukraine in accordance with the established standards of the legalsystem of the European Union. It is proved that this conclusion is consistent with thepurpose and objectives to be solved in the country in the process of implementing the provisionsof the Association Agreement in the legislation of Ukraine. Proposals are formulatedto improve the quality of legislation in the field of IP law.

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 The Notion of the European Union Trademark

2019 ◽  
Vol 8 (1) ◽  
pp. 21-31
Author(s):  
Jarmila Lazíková
Keyword(s):  
European Union ◽  
Intellectual Property ◽  
The European Union ◽  
Distinctive Character ◽  
Trademark Law ◽  
The Public ◽  
Eu Member States ◽  
Goods And Services ◽  
Court Of Justice ◽  
The Eu

AbstractThe EU trademark law has recorded the important changes in the last years. The Community trademark in the past and the EU trademark at the present have become very popular legal measures not only in the EU Member States but also in the third countries. Its preferences are increasing year to year. The EU trademark may consist of a sign that fulfils two main attributes. Firstly, there is a distinctive character. Secondly, there is a capability of being represented on the Register of the EU trademarks. The second attribute is new and replaced the previous attribute - capability of being represented graphically. The interpretation of the above mentioned attributes is not possible without the judgements of the Court of Justice of the European Union. It is necessary to take into account the kind of trademark, list of the goods and services, which should be signed by the trademark, and its perception by the public. The paper includes the main judgements of the Court of Justice of the European Union related to the interpretation of the sign that may be registered as the EU trademark. They are very helpful in the application practice of the European Union Intellectual Property Office and the national offices of the intellectual property as well.

scholarly journals THE CONCEPT AND CONTENT OF PUBLIC ADMINISTRATION PROCEDURES IN THE FIELD OF INTELLECTUAL PROPERTY IN THE COUNTRIES OF THE EUROPEAN UNION

2021 ◽  
Vol 1 (2) ◽  
Author(s):  
Pavlo V. Makushev ◽  
◽  
Andriy V. Khrid�chkin ◽  
Keyword(s):  
European Union ◽  
Intellectual Property ◽  
Property Rights ◽  
Public Administration ◽  
Intellectual Property Rights ◽  
Case Law ◽  
Legal Regulation ◽  
The European Union ◽  
Goods And Services ◽  
Court Of Justice

The article considers the features of public administration in the field of intellectual property and the conceptual basis for the formation of its procedures in the European Union. The conceptual bases of formation and development of procedures of public administration in the field of intellectual property in the countries of the European Union are opened. The pluralism of approaches to the definition of public administration procedures in the field of intellectual property in the countries of the European Union is analyzed. The normative-legal base of procedures of public administration in the field of intellectual property in the countries of the European Union is given. The acts of the Court of Justice of the European Communities on public administration in the field of intellectual property are analyzed. It is proved that the formation of European private law is due to the purpose of creating and functioning of a common market. It is established that in the national legal systems of European countries the regulation of public relations in the field of intellectual property is given considerable attention. The process of improving the procedures of public administration in the field of intellectual property in the European Union is analyzed and the legal framework of this process is given. A feature of European Union law is to strengthen the protection of intellectual property rights through two main mechanisms: harmonization of legislation of member states of the European Union and the introduction of European Union protection documents for various intellectual property. Thus, other partner countries of the European Union, in addition to measures to approximate legislation, may decide on the signing of agreements on entry into the regional European system of protection of certain intellectual property. The member states of the European Union pursue a coherent policy in the field of legal protection and use of intellectual property. Guided by the principle of free movement of goods and services, they focus their efforts primarily on the unification and harmonization of legislation in the field of intellectual property and prevention of the use of intellectual property rights in unfair competition. Within the European Union, a system of direct regulation of the processes of unification and harmonization of legislation in the field of intellectual property, which is especially characteristic of the field of copyright and related rights. The Court of Justice of the European Communities plays a significant role in the unification and harmonization of the legal regulation of relations in the field of intellectual property. In the absence of appropriate harmonization of national legislation in the field of intellectual property with the principles of free movement of goods and services, as well as freedom of competition, proclaimed by the European Union, the importance of the case law of the European Court of Justice is difficult to overestimate. The beginning of unification and harmonization activities in the field of intellectual property protection is preceded by a stage of case law enforcement practice, which allows to identify existing gaps in legal regulation and solve relevant problems. At present, it is a question of the existence of a special system of intellectual property rights of the European Union, formed in its general features, built on principles different from the traditional national ones, with a special subject of regulation. At the same time, this system is a new legal phenomenon that is developing quite dynamically and rapidly along with national and international legal systems. The legal regulation of intellectual property relations in the European Union aims to ensure a high level of protection of these rights, as they are the legal basis for the protection of the results of creative activity. The conclusion about the urgency of research of problems of public administration in the field of intellectual property in the countries of the European Union is made.

Comparative Study of Technology Transfer Practices in Europe and the USA

2003 ◽  
Vol 17 (5) ◽  
pp. 337-349 ◽  
Author(s):  
Veronica de Juan
Keyword(s):  
Technology Transfer ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Global Economy ◽  
Legal Status ◽  
Academic Research ◽  
Commercial Application ◽  
The European Union ◽  
The Usa

This paper provides a comparative analysis of technology transfer practices in the European Union (EU), with special emphasis on Spain, and the USA. In EU member states hundreds of policy measures and support schemes for innovation have been implemented or are under discussion. In particular, two aspects of innovation are being specifically developed by each country because of their relevance to the global economy: industry-science relationships and the protection of intellectual property rights. This study first presents an overview of the evolution of the regulatory framework and the current legal status in the EU with regard to these key issues. The USA continues to record impressive statistics concerning the transfer of the results of academic research for commercial application and the exploitation of intellectual property rights. To identify the key factors in its success, some distinct characteristics of the US regulatory environment are presented. Finally, the paper identifies the crucial steps that need to be taken in the next phase of global interaction between science and industry and international patent systems so as to manage a worldwide network of innovation that will encourage a growing competitive economy.

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.

scholarly journals A System Driven Method to Research and Intellectual Property Generation

2020 ◽  
Vol 9 (1) ◽  
pp. 2078-2086
Keyword(s):  
Intellectual Property ◽  
Political Freedom ◽  
Poor People ◽  
Industrial Growth ◽  
Middle Income ◽  
Developing Nation ◽  
Goods And Services ◽  
Knowledge Based ◽  
Knowledge Based Economy ◽  
The Government

Zimbabwe is currently transforming from a Resource-Based Economy to a Knowledge-Based Economy. To achieve the goal of a middle-income economy through unlocking value from research inputs, the Government of Zimbabwe reached a milestone through launching the Intellectual Property rights policy three decades after gaining economic and political freedom. The thrust is to realise value from the funded researches through collaborations. Therefore, this policy created an enabling environment to promote the University, Government, and industry engagement. How can we help poor people earn more from their knowledge-rather than from their sweat and muscle alone? It has been a difficult question for most Zimbabweans. For any developing nation to prosper, there is a need to promote and protect indigenous knowledge. Zimbabwe has improved its educational curriculum for the past three decades. However, the education system has failed to provide graduates who could produce goods and services for a developing nation. The Government had made an effort is trying to solve the anomaly by introducing more than ten state-owned universities and licensing additional two private-owned universities. This effort did not result in the formulation of any new industry, and the new academic programs and degrees did not even improve the confidence of the industry captains on the contribution the universities can do on industrial growth.

The country of Iceland freezes out the eponymous supermarket: ICELAND trade marks invalidated

2019 ◽  
Vol 15 (1) ◽  
pp. 4-5
Author(s):  
Darren Meale ◽  
Nicola Walles
Keyword(s):  
European Union ◽  
Intellectual Property ◽  
Trade Mark ◽  
Foreign Affairs ◽  
European Economic Area ◽  
The European Union ◽  
Trade Marks ◽  
Goods And Services ◽  
Economic Area ◽  
Food And Beverage

Abstract The Icelandic Ministry for Foreign Affairs and Others v Iceland Foods Limited, EUIPO Cancellation No 14 030 C (Invalidity), 5 April 2019; Icelandic Trade mark Holding ehf v Iceland Foods Limited, EUIPO Cancellation No. 19 387 C (Invalidity), 27 May 2019 Iceland Foods’ European Union trade marks for ICELAND were held invalid for all goods and services in a duo of recent decisions from the European Union Intellectual Property Office Cancellation Division, after The Icelandic Ministry for Foreign Affairs successfully argued that the exclusive rights conferred on the food and beverage retail giant unfairly monopolized what is, of course, the name of a country in the European Economic Area.

scholarly journals Research on intellectual property strategy to promote the development of tourism branding in China

2021 ◽  
Vol 251 ◽  
pp. 02008
Author(s):  
Lian Zhong ◽  
Yang Wang
Keyword(s):  
Intellectual Property ◽  
Current Issue ◽  
Tourism Development ◽  
Geographical Indication ◽  
Effective Protection ◽  
Goods And Services ◽  
Property System ◽  
Trademark Protection ◽  
Intellectual Property Strategy

From the perspective of innovation, the current issue of China’s tourism development is the insufficient development of tourism branding, which leads to the homogeneity phenomenon of tourism goods and services. As the intellectual property system stimulates creativity and protects innovation, this article suggests that the above-mentioned problem can be solved by effective intellectual property strategy, namely creating distinctive identities through trademark protection and use, and raising qualities of tourism brands through protection and use of geographical indication (GI). Specifically, the article firstly proposes the IP Strategy of creating distinctive identities of tourism brands by active registration, timely opposition and invalidity, and effective protection of trademarks. Secondly, it proposes the IP Strategy of raising qualities of tourism brands by active registration, effective protection and sufficient use of GIs.

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