Egypt Égypte Ägypten. Report Q191. in the name of the Egyptian Group by Nadia S. HAROUN, Magda S. SAAD and Hoda A. SERAGELDINE

Size: px
Start display at page:

Download "Egypt Égypte Ägypten. Report Q191. in the name of the Egyptian Group by Nadia S. HAROUN, Magda S. SAAD and Hoda A. SERAGELDINE"

Transcription

1 Egypt Égypte Ägypten Report Q191 in the name of the Egyptian Group by Nadia S. HAROUN, Magda S. SAAD and Hoda A. SERAGELDINE Relationship between trademarks and geographical indications Introduction Egypt has been protecting trademarks since the early 20 th century under Law No. 57/1939. Though there were no specific clauses referring to the protection of geographical indications, false indications for appellations of origin were rejected under Art.5 of this Law. In Egypt became a member state in the Madrid Agreement for the Repression of false or deceptive indications of source on goods but it did not join the Lisbon Agreement for the protection of appellations of origin and their international registration. In 1995, Egypt became a signatory to the WTO Agreement and accordingly it had to harmonize IPRs legislations in compliance with TRIPs before the end of the transitional period for developing countries. A new law was issued for the protection of intellectual property rights (Law No. 82/2002) combining together all the previous legislations for trademarks, patents designs, copyrights, (etc ) and broadening the scope of protection to include many new aspects. Geographical Indications are protected under the provisions of this new law (from Art. 104 to Art. 112) Questions I) Analysis of current legislation and case law 1) Do your country s laws have enactments or systems dealing specifically with GIs, e.g. a registration system for GIs? If so, what are the criteria of registrability? To which national authority must an application for protection be made? Does the applicant have the right to appeal against the refusal of the national authority to register a GI? If so, to which entity? There is no specific system to deal with the registration of GI s. They are registered following the same procedures for trademarks. The application for the registration of a GI is filed at the Trademark Office. The criteria for registrability are defined in Art. 104 as follows: Geographical indications are the ones that attribute the origin of some article to a region or destination in a member state in the World Trade Organization or dealing with the Arab Republic of Egypt on the basics of reciprocity whenever quality, reputation or other characters of the articles that affect the production thereof are attributed to the geographical origin thereof. For the protection of such indications, it is a precondition that they have been protected in the country of origin. 1

2 In case of rejection of the application, the applicant can appeal in front of the Appeal Committee at the Department of Commercial Registry. 2) What is the status of a GI in your country? Does the registration of a GI confer a property right? Who would be the rightholder of a GI? Can GIs be the subject of dealings such as assignment, mortgage and licensing? The status of a GI is the same as a trademark. It confers the same property rights. The right holder of a GI would be any party producing goods possessing particular qualities and characteristics attributable to that particular geographical area. GIs can be the subject of dealings such as assignment, mortgage and licensing provided the assignee and/or licensor is going to go on manufacturing in the same geographical area. 3) Is the application for or registration of a GI made public in your country? Is it possible to oppose such application or registration or cancel such registration of a GI? If so, by whom and on what (absolute or relative) grounds (e.g. generic or descriptive term or prior trademark)? GIs are published in the Trademark Official Gazette Oppositions are possible within the legal term of 60 days. Any concerned party can oppose a GI on the grounds of prior rights, false or deceptive indications and descriptive or generic term. 4) Must use requirements be satisfied in order to maintain GI protection? If so, is there any definition of what constitutes use? Are the legal rules established for appraising the maintenance of a trademark registration applicable to the appraising of the maintenance of GI protection? In principle, according to Art.(91) of Law No.82/2002, non use will make a T.M. vulnerable to cancellation from any concerned third party if not used within 5 years consecutive to the date of registration. There is no definition of use. Any use is acceptable: advertising in daily newspapers, selling, distributing (etc ) 5) What is the scope of protection of a GI? Is it only protected against use of the name or also against use of elements of the specification of the GI (e.g. slicing, grating) or any other practice liable to mislead the public as to the origin of the product (e.g. use of same trade dress)? Are the legal rules established for determining the scope of trademark protection applicable to determining the scope of GI protection (e.g. in relation to reputed or well known GIs, likelihood of confusion, infringing and non infringing acts)? May rights in a GI be enforced even where a product which allegedly infringes those rights has been made purely for export? GIs are protected against the use by another party of a name liable to mislead the public as to the origin of the product. As the registration of GIs has started very recently, there is no Case law or jurisprudence to determine the established rules. If the same rules established for trademarks in general are applied to GIs, the rights in a GI can be enforced even if a product infringing a GI has been made purely for export. 2

3 6) Can a GI be registered as individual trademark? If so, under what conditions? There are no cases to establish rules. 7) Do your country s laws provide for collective or certification marks? If so, under what conditions can a GI be registered as a collective mark or a certification mark? Collective marks and certification marks are protected under Art. 69 & 70 of Law 82/2002. Some examples of registered marks under this denomination: Egyptian Cotton & device, U.S. Quality American Wheat & device. Theoretically, a GI could be registered as a collective or certification mark. The main difference is that collective or certification marks cannot be owned by an individual, only by a legal entity representing a group of people and allowing third parties if they qualify to use it on their products and/or labels. 8) Does inclusion of a protected GI as part of a trademark qualify as legal bar to the registration of such trademark? Yes. 9) Do your country s laws, e.g. trade or merchandise legislation, require the application of correct designations of origin/source on agricultural products and food stuffs? Yes, the source (origin) of the goods should appear clearly on the label as well as the name of the manufacturer. In case of licensing there should also be the name of the licensor. 10) How are conflicts between trademarks and GIs resolved under your country s laws? Do they co exist or does either the trademark or GI prevail? Is there a rule for determining whether the trademark or GI should prevail, and what are the criteria to take into account (e.g. the first in time, first in right rule, the reputation of the geographic region or the reputation of the trademark, the length of time that the name has been used to indicate the geographic region and the extent of such usage, the length of time that the trademark has been used and the extent of such usage)? II) As explained above, the protection of GIs in Egypt is too recent for the establishment of rules. In case of conflict between trademarks and GIs, we believe that GIs would prevail. Unfortunately, there are no official guidelines yet for the Examiners and/or the Court Experts. Proposals for adoption of uniform rules The Groups are invited to put forward any proposals for adoption of uniform rules regarding the relationship between trademarks and GIs. More specifically, the Groups are invited to respond to the following questions: 11) Should countries provide for registration systems dealing specifically with GIs? If so, what should the key features of such system be? Should a multilateral system of registration of GIs be established? If so, what should the key features of such multilateral system be? Specifically, which international body should be tasked with establishing such system? How should the application for or registration of a GI be notified/made public (either in your country or at a multilateral level) in order to avoid that a trademark may conflict with a GI previously unknown to the trademark owner? The Egyptian Group believes that countries should provide for a registration system for GIs. The key feature of this registration system would be to rely not only on home registration but on an international system of registration. 3

4 A multilateral system of registration should be established to avoid the local infringement of registered GIs. Such International Registry System would be governed by WIPO. The system could follow similar rules to the Madrid Agreement for the International filing of trademarks (i.e. notification to Member States and publication in an International Gazette that would allow for rejection and/or opposition from any concerned party.) Moreover it would avoid that a National Trademark Office accepts for registration a trademark that may conflict with a GI previously unknown to the Examiner and/or to the trademark owner. 12) Do you have any suggestions as to the acquisition, maintenance, scope and enforcement of GI protection? What should the scope of protection of a GI be? Should the legal rules established for appraising the acquisition, maintenance, scope and enforcement of trademark protection apply to the appraising of the acquisition, maintenance, scope and enforcement of GI protection? The basic legal rule we should be to prevent others from using false geographical indications on their products misleading the consumer as to the source and quality of the goods. 13) Should a protection of GIs by individual and/or collective or certification marks be possible? There should be a legal entity in each country holding the ownership of a given GI to register individuals (who qualify for it) as legal users of such GI. 14) How should conflicts between trademarks and GIs be resolved? Please propose a specific rule for determining whether trademark or GI should prevail, which is likely to be broadly accepted. If co existence is contemplated, should such co existence be limited to the country of origin or relate to the relevant markets? The Egyptian Group believes that GIs should prevail if the trademark is inducing the consumer into error as to the origin and quality or high reputation of the goods. However, in case of prior acquired rights by a trademark registered and used for many years in its own country, co existence with the GI would be acceptable provided it is restricted to the country and relevant market. Any new trademark application infringing on a registered GI should be automatically rejected. Conclusion The Egyptian Group strongly believes that GIs should enjoy a world wide protection. However, such protection cannot function without access to data and information about the GIs of the various countries that have acquired international recognition and reputation. The best way to avoid conflicts and infringements as regards GIs is to rely on an International Registry to be established by the World Intellectual Property Organization (WIPO) under a multilateral agreement. 4

5 Summary Geographical Indications were not protected in Egypt until Egypt joined the WTO and harmonized its IPR s legislations to be in conformity with TRIPS. Currently GIs are protected under the provisions of Law 82 for 2002 (art ). There is no specific system to deal with the registration of GI s. They follow the same procedures for trademarks except for the acceptance of GIs applications; it is a precondition that they are registered in the country of origin. The right holder of a GI would be any party producing goods possessing particular qualities and characteristics attributable to that particular geographical area. GIs can be the subject of dealings such as assignment, mortgage and licensing provided the assignee and/or licensor is going to go on manufacturing in the same geographical area. As the registration of GIs has started very recently, there is no Case law or jurisprudence to determine the established rules. In principle, GIs are protected against the use by another party of a name liable to mislead the public as to the origin, quality and reputation of a product. The Egyptian Group believes that GIs should enjoy a world wide protection. However, such protection cannot function without access to data and information about the GIs of the various countries that have acquired international recognition and reputation. The best way to avoid conflicts and infringements as regards GIs is to rely on an International Registry to be established by the World Intellectual Property Organization (WIPO) under a multilateral agreement. 5

South Africa Afrique du Sud Südafrika. Report Q191. in the name of the South African Group by Esmé DU PLESSIS and Gérard DU PLESSIS

South Africa Afrique du Sud Südafrika. Report Q191. in the name of the South African Group by Esmé DU PLESSIS and Gérard DU PLESSIS South Africa Afrique du Sud Südafrika Report Q191 in the name of the South African Group by Esmé DU PLESSIS and Gérard DU PLESSIS Relationship between trademarks and geographical indications Questions

More information

ANNEX II. General Overview of the Lisbon Agreement for the Protection of Appellations of Origin and Their International Registration.

ANNEX II. General Overview of the Lisbon Agreement for the Protection of Appellations of Origin and Their International Registration. ANNEX II General Overview of the Lisbon Agreement for the Protection of Appellations of Origin and Their International Registration Introduction 1. The Lisbon Agreement for the Protection of Appellations

More information

Philippines Philippines Philippinen. Report Q173. in the name of the Philippine Group

Philippines Philippines Philippinen. Report Q173. in the name of the Philippine Group Philippines Philippines Philippinen Report Q173 in the name of the Philippine Group Issues of co-existence of trademarks and domain names: public versus private international registration systems 1. Analysis

More information

Benelux. Contributing firm Steinhauser Hoogenraad, Advocaten. Authors Otto Swens Partner Diana Versteeg Lawyer

Benelux. Contributing firm Steinhauser Hoogenraad, Advocaten. Authors Otto Swens Partner Diana Versteeg Lawyer Benelux Contributing firm Steinhauser Hoogenraad, Advocaten Authors Otto Swens Partner Diana Versteeg Lawyer 33 Benelux Steinhauser Hoogenraad, Advocaten 1. Legal framework In 1971 the national trademark

More information

Estonia Estonie Estland. Report Q173. in the name of the Estonian Group by Ott MOORLAT

Estonia Estonie Estland. Report Q173. in the name of the Estonian Group by Ott MOORLAT Estonia Estonie Estland Report Q173 in the name of the Estonian Group by Ott MOORLAT Issues of co-existence of trademarks and domain names: public versus private international registration systems 1. Analysis

More information

China. Contributing firm Wan Hui Da Law Firm & Intellectual Property Agency. Author Huang Hui Senior partner

China. Contributing firm Wan Hui Da Law Firm & Intellectual Property Agency. Author Huang Hui Senior partner China Contributing firm Wan Hui Da Law Firm & Intellectual Property Agency Author Huang Hui Senior partner 55 China Wan Hui Da Law Firm & Intellectual Property Agency 1. Legal framework After many years

More information

Re: INTA Submission on Australia-India Comprehensive Economic Cooperation Agreement and Free Trade Agreement

Re: INTA Submission on Australia-India Comprehensive Economic Cooperation Agreement and Free Trade Agreement September 15, 2011 By email:indafta@dfat.gov.au Australia-India Comprehensive Economic Cooperation Agreement Free Trade Agreement Division Department of Foreign Affairs and Trade RG Casey Building John

More information

ANNEX V PROTECTION OF INTELLECTUAL PROPERTY

ANNEX V PROTECTION OF INTELLECTUAL PROPERTY ANNEX V PROTECTION OF INTELLECTUAL PROPERTY ANNEX V REFERRED TO IN ARTICLE 24 PROTECTION OF INTELLECTUAL PROPERTY Article 1 Intellectual property Intellectual property comprises in particular copyright,

More information

Registration of Trademarks in India

Registration of Trademarks in India Registration of Trademarks in India Trademark is a distinctive mark that can be graphically represented and consist of words, symbols numerals or combination of colour used for distinguishing goods and

More information

WIPO TRAINING OF TRAINERS PROGRAM ON EFFECTIVE INTELLECTUAL PROPERTY ASSET MANAGEMENT BY SMALL AND MEDIUM-SIZED ENTERPRISES (SMEs)

WIPO TRAINING OF TRAINERS PROGRAM ON EFFECTIVE INTELLECTUAL PROPERTY ASSET MANAGEMENT BY SMALL AND MEDIUM-SIZED ENTERPRISES (SMEs) WIPO TRAINING OF TRAINERS PROGRAM ON EFFECTIVE INTELLECTUAL PROPERTY ASSET MANAGEMENT BY SMALL AND MEDIUM-SIZED ENTERPRISES (SMEs) IP Law and Administration in the State of Qatar by Malik Al-Kammaz Saba

More information

Singapore Singapour Singapur. Report Q173. in the name of the Singapore Group by Susanna LEONG, Max NG, Colin BUAY

Singapore Singapour Singapur. Report Q173. in the name of the Singapore Group by Susanna LEONG, Max NG, Colin BUAY Singapore Singapour Singapur Report Q173 in the name of the Singapore Group by Susanna LEONG, Max NG, Colin BUAY Issues of co-existence of trademarks and domain names: public versus private international

More information

Irish Trade Marks Legal Framework

Irish Trade Marks Legal Framework Irish Trade Marks Legal Framework National The Trademarks Act 1996 currently governs trademark law in Ireland. The act was enacted primarily to implement the First Trademark Directive (89/104/EEC), which

More information

Program: Master s of Intellectual Property Law (Comprehensive) Syllabus

Program: Master s of Intellectual Property Law (Comprehensive) Syllabus Program: Master s of Intellectual Property Law (Comprehensive) Syllabus Syllabus No. 2005 C A. GENERAL RULES AND CONDITIONS: 1. This plan Conforms to the valid regulations of programs of graduate studies.

More information

Trademark Law: Articles 61-95 of Trade Law: Law no. 68 of 1980. Trademarks Law and Trade Indications

Trademark Law: Articles 61-95 of Trade Law: Law no. 68 of 1980. Trademarks Law and Trade Indications Trademark Law: Articles 61-95 of Trade Law: Law no. 68 of 1980 Pursuant to Trade Law No. 68/1980, the Kuwaiti legislator regulates the protection of trademarks in Articles 61-95. It includes a definition

More information

Geographical Indications (GIs) in Global Trade

Geographical Indications (GIs) in Global Trade Geographical Indications (GIs) in Global Trade Jeeyoun Shin, J.D., Esq. Daesung Yang, Ph.D. Korea Institute of Intellectual Property Questions in the first place Why Geographical Indications (GIs) matters

More information

Trade Marks (TMs) and. Massimo Vittori, Secretary General

Trade Marks (TMs) and. Massimo Vittori, Secretary General Trade Marks (TMs) and Geographical Indications (GIs) Massimo Vittori, Secretary General Executive summary I. Why does origin matter? II. Definitions, legal options, practical problems encountered by GI

More information

in the Trademark Journal Foreign within 30

in the Trademark Journal Foreign within 30 Trademark registration requirements in United Arab Emirates: - Power of attorney legalized up to the United Arab Emirates Consulate; - Design of the trademark in JPEG format in case of a graphical trademark

More information

WORLD TRADE ORGANIZATION

WORLD TRADE ORGANIZATION WORLD TRADE ORGANIZATION Council for Trade-Related Aspects of Intellectual Property Rights RESTRICTED IP/C/W/117 12 November 1998 (98-4470) Original: English REVIEW UNDER ARTICLE 24.2 OF THE APPLICATION

More information

Overview of Trademark Protection in the United States and Abroad

Overview of Trademark Protection in the United States and Abroad Overview of Trademark Protection in the United States and Abroad ITC Workshop: Branding & Marketing of Tribal Forest Products Seattle, Washington March 1-2, 2011 1 Definition of a Trademark U.S. Law Any

More information

PRINCIPLES AND PROCEDURES OF TRADEMARK LAW IN INDIA

PRINCIPLES AND PROCEDURES OF TRADEMARK LAW IN INDIA PRINCIPLES AND PROCEDURES OF TRADEMARK LAW IN INDIA Anchal Chaudhry An average person sees or hears more than 1500 trademarks each day WIPO INTRODUCTION A trade mark is a sign that individualises the goods

More information

Frequently Asked Questions on Trademarks in India

Frequently Asked Questions on Trademarks in India Frequently Asked Questions on Trademarks in India What is a Trademark. A. A Mark` may consist of a word or invented word, signature, device, letter, numeral, brand, heading, label, name written in a particular

More information

INTELLECTUAL PROPERTY RIGHTS

INTELLECTUAL PROPERTY RIGHTS INTELLECTUAL PROPERTY RIGHTS A.Ram Kumar Advocate High Court of Andhra Pradesh Intellectual Property Rights & Information Technology (Copyright ) Inscription on the copula in WIPO HQ Human genius is the

More information

IP Arbitration : HK as IP Dispute Resolution Center for Your Business in China

IP Arbitration : HK as IP Dispute Resolution Center for Your Business in China IP Arbitration : HK as IP Dispute Resolution Center for Your Business in China Andrew YS Mak Chairman, Mainland Affairs Committee Hong Kong Bar Association December 2011 IPR in China (1) IPR disputes Registration

More information

ECTA. European Communities Trade Mark Association 27 th Annual Meeting in Killarney

ECTA. European Communities Trade Mark Association 27 th Annual Meeting in Killarney ECTA European Communities Trade Mark Association 27 th Annual Meeting in Killarney Trade mark Laws and Practice in China Danny Chen I. Trade mark Laws, Regulations and International Treaties Applicable

More information

Trademark Fundamentals for Governmental Entities

Trademark Fundamentals for Governmental Entities Trademark Fundamentals for Governmental Entities Jill J. Chalmers, Esq. (719) 473-3800 jill.chalmers@hro.com Denver Boulder Colorado Springs London Los Angeles Munich Salt Lake City San Francisco #182801

More information

The various statues dealing with Intellectual property laws in India are as follows:

The various statues dealing with Intellectual property laws in India are as follows: TRADEMARKS LAW IN INDIA n Trademark Law has been codified in conformity with the International Trademark Law and is about to undergo an amendment to be at par International Trademark Law. Recently has

More information

CIVIL CODE OF THE RUSSIAN FEDERATION

CIVIL CODE OF THE RUSSIAN FEDERATION Unofficial translation Disclaimer 1 Federal Service for Intellectual Property, Patents and Trademarks (ROSPATENT), 2011 CIVIL CODE OF THE RUSSIAN FEDERATION Passed by the State Duma on November 24, 2006

More information

Current Status on Accession to the

Current Status on Accession to the Workshop on Measures for Accession to, and Effective Use of the Madrid System, Tokyo March 8-9, 2012 Current Status on Accession to the Madrid System Thandar Myint Deputy Director Ministry of Science and

More information

New Zealand. Contributing firm James & Wells Intellectual Property. Authors Carrick Robinson Partner Tim Walden Senior associate

New Zealand. Contributing firm James & Wells Intellectual Property. Authors Carrick Robinson Partner Tim Walden Senior associate New Zealand Contributing firm James & Wells Intellectual Property Authors Carrick Robinson Partner Tim Walden Senior associate 183 New Zealand James & Wells Intellectual Property 1. Legal framework 2.

More information

2016 Study Question (General)

2016 Study Question (General) 2016 Study Question (General) Submission date: 11th April 2016 by Sarah MATHESON, Reporter General John OSHA and Anne Marie VERSCHUUR, Deputy Reporters General Yusuke INUI, Ari LAAKKONEN and Ralph NACK,

More information

Naming Your Company, Product or Services By Judith Silver, Esq. 1

Naming Your Company, Product or Services By Judith Silver, Esq. 1 Naming Your Company, Product or Services By Judith Silver, Esq. 1 When picking a name for your company, product or service, you want to first understand trademark law which is an integral part of the decision.

More information

Trademark Basics: An introduction for Patent Professionals. Athar A. Khan November 2010

Trademark Basics: An introduction for Patent Professionals. Athar A. Khan November 2010 Trademark Basics: An introduction for Patent Professionals Athar A. Khan November 2010 Agenda What is a Trademark Compared to Patents/Copyrights What Can Be Registered Overview of Registration and Prosecution

More information

World Book. Protection of IP Canada. www.plg.eu.com 1. TRADE-MARKS 1.1 INTRODUCTION 1.2 REGISTERED TRADE-MARKS

World Book. Protection of IP Canada. www.plg.eu.com 1. TRADE-MARKS 1.1 INTRODUCTION 1.2 REGISTERED TRADE-MARKS World Book 1. TRADE-MARKS 1.1 INTRODUCTION The Act relating to trade-marks and unfair competition (commonly known as the Trade-marks Act) governs trade-mark matters in and, as a federal law, receives application

More information

Benelux. Contributing firm Vondst Advocaten NV. Authors Tjeerd Overdijk Partner. Silvie Wertwijn Partner

Benelux. Contributing firm Vondst Advocaten NV. Authors Tjeerd Overdijk Partner. Silvie Wertwijn Partner Benelux Contributing firm Vondst Advocaten NV Authors Tjeerd Overdijk Partner Silvie Wertwijn Partner 29 Benelux Vondst Advocaten NV 1. Legal framework From a trademark law point of view, the Benelux countries

More information

China IPR SME Helpdesk Protecting your IPR in China & How the Helpdesk can Assist you. Beijing, 28 April 2014 Valentina Salmoiraghi, IP Expert

China IPR SME Helpdesk Protecting your IPR in China & How the Helpdesk can Assist you. Beijing, 28 April 2014 Valentina Salmoiraghi, IP Expert China IPR SME Helpdesk Protecting your IPR in China & How the Helpdesk can Assist you Beijing, 28 April 2014 Valentina Salmoiraghi, IP Expert 1) The China IPR SME Helpdesk s Services 2) Protecting your

More information

THE COMMUNITY TRADEMARK. Questions and anwsers

THE COMMUNITY TRADEMARK. Questions and anwsers TRADEMARKS THE COMMUNITY TRADEMARK. Questions and anwsers WHY A EUROPEAN COMMUNITY TRADEMARK? The 12 European States bound by the Treaty of Rome which instituted the European Economic Community (now called

More information

BENELUX CONTRIBUTOR: Paul J.m. Steinhauser Arnold & Siedsma, Amsterdam, Netherlands EDITOR:

BENELUX CONTRIBUTOR: Paul J.m. Steinhauser Arnold & Siedsma, Amsterdam, Netherlands EDITOR: BENELUX CONTRIBUTOR: Paul J.m. Steinhauser Arnold & Siedsma, Amsterdam, Netherlands EDITOR: Richard Ashmead International IP Consultant, Hampshire, United Kingdom EDITOR: Carmen Lichtenstein (1944-2011)

More information

THE TRADE MARKS (AMENDMENT) ACT, NO. 40 OF 2010 [21st September, 2010.]

THE TRADE MARKS (AMENDMENT) ACT, NO. 40 OF 2010 [21st September, 2010.] THE TRADE MARKS (AMENDMENT) ACT, 2010 NO. 40 OF 2010 [21st September, 2010.] An Act to amend the Trade Marks Act, 1999. BE it enacted by Parliament in the Sixty-first Year of the Republic of India as follows:

More information

Real Case Study: Optimizing Your IP Strategy. Elizabeth Wong DLA PIPER

Real Case Study: Optimizing Your IP Strategy. Elizabeth Wong DLA PIPER Real Case Study: Optimizing Your IP Strategy Elizabeth Wong DLA PIPER Agenda Overview of intellectual property (IP) rights in China Trade Marks, Patents and Copyright Practical strategies to protect IP

More information

WIPO-WTO Colloquium for Teachers of Intellectual Property

WIPO-WTO Colloquium for Teachers of Intellectual Property E WORLD TRADE ORGANIZATION COLLOQUIUM WIPO-WTO/ACAD/GE/15/INF1.PROV ORIGINAL:ENGLISH DATE DECEMBER 19, 2014: WIPO-WTO Colloquium for Teachers of Intellectual Property organized by the World Intellectual

More information

Chinese Domain Names Dispute Resolution Policy. (Trial Implementation)

Chinese Domain Names Dispute Resolution Policy. (Trial Implementation) Chinese Domain Names Dispute Resolution Policy (Trial Implementation) (Promulgated by the China Internet Network Information Center on November 1 2000 and effective as of 30 days after promulgation.) Article

More information

The GI System in the United States of America (USA)

The GI System in the United States of America (USA) The GI System in the United States of America (USA) Manila February 28 and 29, 2012 Nancy Omelko, Attorney Advisor Office of Policy and External Affairs United States Patent and Trademark Office 1 What

More information

of Laws for Electronic Access CROATIA Patent Law* TABLE OF CONTENTS

of Laws for Electronic Access CROATIA Patent Law* TABLE OF CONTENTS Patent Law* TABLE OF CONTENTS Articles I. General Provisions... 1-3 II. Subject Matter of the Patent Protection Patentable Invention... 4 Novelty of an Invention... 5-6 Inventive Step... 7 Industrial Applicability...

More information

Trade Secrets and Unfair Competition Law Law No. 15 for the Year 2000 1 *

Trade Secrets and Unfair Competition Law Law No. 15 for the Year 2000 1 * Trade Secrets and Unfair Competition Law Law No. 15 for the Year 2000 1 * TABLE OF CONTENTS Page Article 1:... 1 Unfair Competition Article 2:... 1 Article 3:... 2 Trade Secrets Article 4:... 3 Article

More information

TRADEMARK BASICS By Howard Cohn Registered Patent Attorney

TRADEMARK BASICS By Howard Cohn Registered Patent Attorney TRADEMARK BASICS By Howard Cohn Registered Patent Attorney Trademark Considerations and Procedures The following is a summary of procedures for considering, selecting and adopting a new Trademark and procedure

More information

First-to-File and First-to-Use elements in India

First-to-File and First-to-Use elements in India SPECIAL TOPIC REPORT First-to-File and First-to-Use elements in India 1. Trademark Act, Basic Principle (1) The-first-to-file and the first-to-use Which of the first-to-file and the first-to-use is adopted

More information

Joint Recommendation Concerning Provisions on the Protection of Well-Known Marks. adopted by

Joint Recommendation Concerning Provisions on the Protection of Well-Known Marks. adopted by 833(E) Joint Recommendation Concerning Provisions on the Protection of Well-Known Marks adopted by the Assembly of the Paris Union for the Protection of Industrial Property and the General Assembly of

More information

Annex I National legal frameworks available for the protection of nonagricultural. Non EU members AUSTRIA. International Legal Framework

Annex I National legal frameworks available for the protection of nonagricultural. Non EU members AUSTRIA. International Legal Framework Annexes Annex I National legal frameworks available for the protection of nonagricultural GI products Non EU members AUSTRIA International Legal Framework Austria is a member of the World Intellectual

More information

Partner & Head of Intellectual Property Laws Division, Vaish Associates Advocates, New Delhi India TRADEMARKS LAW IN INDIA EVERYTHING YOU MUST KNOW

Partner & Head of Intellectual Property Laws Division, Vaish Associates Advocates, New Delhi India TRADEMARKS LAW IN INDIA EVERYTHING YOU MUST KNOW By Vijay Pal Dalmia, Advocate Partner & Head of Intellectual Property Laws Division, Vaish Associates Advocates, New Delhi India TRADEMARKS LAW IN INDIA EVERYTHING YOU MUST KNOW India s obligations under

More information

Intellectual Property and Trade Mark Protection in Bermuda

Intellectual Property and Trade Mark Protection in Bermuda Intellectual Property and Trade Mark Protection in Bermuda Foreword This memorandum has been prepared for the assistance of those who are seeking information on the protection and enforcement of intellectual

More information

Protection and Enforcement of Trademarks, in the U.S. and Abroad

Protection and Enforcement of Trademarks, in the U.S. and Abroad Protection and Enforcement of Trademarks, in the U.S. and Abroad Susan Anthony, Acting Director Global Intellectual Property Academy Office of Policy and International Affairs Susan.Anthony@uspto.gov -

More information

TRADE MARKS PROTECTING THE REPUTATION OF YOUR BUSINESS

TRADE MARKS PROTECTING THE REPUTATION OF YOUR BUSINESS ALERT: TRADE MARKS PROTECTING THE REPUTATION OF YOUR BUSINESS What is a Trade Mark? A trade mark is a sign used to distinguish your unique goods or services from those of other businesses. Sometimes called

More information

Trademark Protection in Hong Kong

Trademark Protection in Hong Kong Trademark Protection in Hong Kong Territorial protection of registered trademarks The trademark registration system of Hong Kong provides territorial protection. Hence, trademarks registered with the State

More information

ELLA MIKKOLA PROVIDES A SUMMARY OF THE TRADE MARK CLIMATE IN EUROPE S NORTHERNMOST REACHES

ELLA MIKKOLA PROVIDES A SUMMARY OF THE TRADE MARK CLIMATE IN EUROPE S NORTHERNMOST REACHES 16 ELLA MIKKOLA PROVIDES A SUMMARY OF THE TRADE MARK CLIMATE IN EUROPE S RTHERNMOST REACHES ILLUSTRATION BY ALIX THOMAZI Known and admired for its innovation, economic competitiveness and distinctive Scandinavian

More information

UFI Recommendations for the Protection of Intellectual Property Rights at Exhibitions

UFI Recommendations for the Protection of Intellectual Property Rights at Exhibitions UFI Recommendations for the Protection of Intellectual Property Rights at Exhibitions UFI RECOMMENDATIONS FOR THE PROTECTION OF IPR AT EXHIBITIONS - 2 CONTENTS INTRODUCTION PAGE 3 TERMINOLOGY AND BASIC

More information

INDONESIA Trademark Law as amended by Law No. 15 on August 1, 2001

INDONESIA Trademark Law as amended by Law No. 15 on August 1, 2001 INDONESIA Trademark Law as amended by Law No. 15 on August 1, 2001 TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS Article 1 CHAPTER II SCOPE OF MARKS Part One General Article 2 Article 3 Part Two Marks

More information

Protection of intellectual property

Protection of intellectual property Protection of intellectual property The Czech Republic is party to most international treaties in the area of intellectual property including, among others: - Paris Convention for the Protection of Industrial

More information

THE PRIVATE SECURITY SERVICE BILL (No. VI of 2004) Explanatory Memorandum

THE PRIVATE SECURITY SERVICE BILL (No. VI of 2004) Explanatory Memorandum THE PRIVATE SECURITY SERVICE BILL (No. VI of 2004) Explanatory Memorandum The object of this Bill is to provide for the licensing of private security services, the registration of security guards, the

More information

CHAPTER I I. Formation of a limited liability company CHAPTER I. GENERAL PROVISIONS

CHAPTER I I. Formation of a limited liability company CHAPTER I. GENERAL PROVISIONS Law of the Republic of Kazakhstan dated April 22, 1998 220-I On limited liability companies and additional liability companies (with alterations and amendments as of 29.12.2014) CHAPTER I. General provisions

More information

THE PARIS CONVENTION FOR THE PROTECTION OF INDUSTRIAL PROPERTY. A Commentary SAM RICKETSOIS> OXFORD UNIVERSITY PRESS

THE PARIS CONVENTION FOR THE PROTECTION OF INDUSTRIAL PROPERTY. A Commentary SAM RICKETSOIS> OXFORD UNIVERSITY PRESS THE PARIS CONVENTION FOR THE PROTECTION OF INDUSTRIAL PROPERTY A Commentary SAM RICKETSOIS> OXFORD UNIVERSITY PRESS DETAILED CONTENTS Table ofcases Table of Legislation Table ofabbreviations Used in this

More information

DECISION NO (94/R) OF 2005 CONCERNING THE LISTING OF DEBT SECURITIES

DECISION NO (94/R) OF 2005 CONCERNING THE LISTING OF DEBT SECURITIES DECISION NO (94/R) OF 2005 CONCERNING THE LISTING OF DEBT SECURITIES The Chairman of the Board of Directors of the Stocks and Commodities Authority has, After pursuing the provisions of Federal Law No.

More information

NZX Rural Limited (trading as NZX Agri) Advertising Terms and Conditions

NZX Rural Limited (trading as NZX Agri) Advertising Terms and Conditions 1 NZX Rural Limited (trading as NZX Agri) Advertising Terms and Conditions 1. Advertisements 1.1 NZX Agri accepts all Advertisements from the Client for publication in all NZX Agri publications and NZX

More information

Intellectual Property Protection for Websites By Donika Ilieva, IP and ICT lawyer

Intellectual Property Protection for Websites By Donika Ilieva, IP and ICT lawyer Intellectual Property Protection for Websites By Donika Ilieva, IP and ICT lawyer Nowadays companies cannot afford to ignore the internet, which provides a global market where they can place their products

More information

1) Does your country have a registration system for IP licenses? If yes, please describe this system.

1) Does your country have a registration system for IP licenses? If yes, please describe this system. Question Q241 National Group: India Title: IP Licenses and Insolvency Contributors: Himanshu W. Kane Reporter within Working Committee: Himanshu W. Kane Date: 12 th September 2014 Questions I. Current

More information

TPP Text submitted by New Zealand CHAPTER X INTELLECTUAL PROPERTY. Section A: General Provisions

TPP Text submitted by New Zealand CHAPTER X INTELLECTUAL PROPERTY. Section A: General Provisions TPP Text submitted by New Zealand CHAPTER X INTELLECTUAL PROPERTY Section A: General Provisions Article x.1: Objectives 1. Each Party confirms its commitment to reducing impediments to trade and investment

More information

Teaching Intellectual Property in Spanish Universities: The experience of the Magister Lvcentinvs.

Teaching Intellectual Property in Spanish Universities: The experience of the Magister Lvcentinvs. Teaching Intellectual Property in Spanish Universities: The experience of the Magister Lvcentinvs. WIPO FORUM ON INTELLECTUAL PROPERTY AND SMEs FOR IP OFFICES AND RELEVANT INSTITUTIONS OF OECD AND EU ENLARGEMENT

More information

The Importance of Intellectual Property (IP) for Economic Growth and Business Competitiveness

The Importance of Intellectual Property (IP) for Economic Growth and Business Competitiveness The Importance of Intellectual Property (IP) for Economic Growth and Business Competitiveness Sub-Regional Workshop on the Effective Use of the IP System for Economic Growth and Business Competitiveness

More information

AFRICA REGIONAL INTELLECTUAL PROPERTY ORGANIZATION

AFRICA REGIONAL INTELLECTUAL PROPERTY ORGANIZATION E (A UNITED METHODIST RELATED INSTITUTION) INVESTING IN AFRICA S FUTURE AFRICA REGIONAL INTELLECTUAL PROPERTY ORGANIZATION MIP CURRICULUM WIPO-ARIPO-AU/MIP/15/INF.1PROV. ORIGINAL: ENGLISH DATE: DECEMBER

More information

INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES [Republic Act No. 8293]

INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES [Republic Act No. 8293] INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES [Republic Act No. 8293] AN ACT PRESCRIBING THE INTELLECTUAL PROPERTY CODE AND ESTABLISHING THE INTELLECTUAL PROPERTY OFFICE, PROVIDING FOR ITS POWERS AND FUNCTIONS,

More information

Practical aspects of IP protection in China

Practical aspects of IP protection in China Practical aspects of IP protection in China Australian Trade Commission / Australian Embassy Commercial Section Beijing April 8th, 2014 Counterfeits by origin Counterfeits by product What is the

More information

FREQUENTLY ASKED QUESTIONS ABOUT TRADEMARKS AND SERVICE MARKS FOR NONPROFIT ORGANIZATIONS. November 2009

FREQUENTLY ASKED QUESTIONS ABOUT TRADEMARKS AND SERVICE MARKS FOR NONPROFIT ORGANIZATIONS. November 2009 FREQUENTLY ASKED QUESTIONS ABOUT TRADEMARKS AND SERVICE MARKS FOR NONPROFIT ORGANIZATIONS November 2009 GENERAL INFORMATION What Is a Trademark or Service Mark? The terms "trademark" and "service mark"

More information

Domain Name Disputes in Russia. Uliana Zinina PH.D. in Law

Domain Name Disputes in Russia. Uliana Zinina PH.D. in Law Domain Name Disputes in Russia Uliana Zinina PH.D. in Law General information Conflict with the traditional regulation on identifiers, on the one hand, and with the domain name regulation system, based

More information

One- & Two- ASCII Character.ASIA Release Policies

One- & Two- ASCII Character.ASIA Release Policies Date: 12-July-2013 Status: COMPLETE Version: 1.1.ASIA Registry Policies Archive URL: Comments: References: http://dot.asia/policies/dotasia-1&2-releasepolicies-complete--2013-07- 12.pdf startup-comments@dot.asia

More information

Darjeeling Tea - A Geographical Indication (GI)

Darjeeling Tea - A Geographical Indication (GI) Darjeeling Tea - A Geographical Indication (GI) WORLD TEA SCENARIO - 2010 5000 4000 3000 2000 1000 0 WORLD INDIA DARJEELING MILLION KGS 4067 967 8 TEA MAP OF INDIA DARJEELING ASSAM NILGIRI Darjeeling

More information

A guide to trademarks

A guide to trademarks A guide to trademarks Contents General What are trademarks and what do they do?...1 Getting started The trademark application process...5 Keeping a trademark protected The renewals process...9 The purpose

More information

THE PARLIAMENTARY ASSEMBLY OF BOSNIA AND HERZEGOVINA

THE PARLIAMENTARY ASSEMBLY OF BOSNIA AND HERZEGOVINA THE PARLIAMENTARY ASSEMBLY OF BOSNIA AND HERZEGOVINA Pursuant to Article IV.4.a) of the Constitution of Bosnia and Herzegovina, the Parliamentary Assembly of Bosnia and Herzegovina, at the 75 th session

More information

FURTHER EDUCATION CORPORATION NAMES Guidance on changing existing corporation / college name or developing new names 1 OCTOBER 2010

FURTHER EDUCATION CORPORATION NAMES Guidance on changing existing corporation / college name or developing new names 1 OCTOBER 2010 1. FURTHER EDUCATION CORPORATION NAMES Guidance on changing existing corporation / college name or developing new names 1 OCTOBER 2010 Contents 1. Introduction... 3 2. Changing the statutory name of a

More information

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD Opposer s Interrogatories IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD ALPHA Opposer, vs. Opposition No.: Serial No.: 79/123,456 DELTA Applicant. OPPOSER

More information

Recognition. Awards & Top Trademark Law Firm World Trademark Review 1000, 2011-2016. U.S. Trademark Case of the Year: In re Bose

Recognition. Awards & Top Trademark Law Firm World Trademark Review 1000, 2011-2016. U.S. Trademark Case of the Year: In re Bose Trademark With a heavyweight reputation and a national reach across the market (World Trademark Review 1000), Fish & Richardson is among the top trademark firms in the United States. Our practice includes

More information

Guide to WIPO Services

Guide to WIPO Services World Intellectual Property Organization Guide to WIPO Services Helping you protect inventions, trademarks & designs resolve domain name & other IP disputes The World Intellectual Property Organization

More information

TRADE-MARK PROTECTION

TRADE-MARK PROTECTION Lawyers, Patent & Trade-mark Agents 150 York Street, Suite 800 Toronto ON M5H 3S5 Tel: 416.364.1553 Fax: 416.364.1453 TRADE-MARK PROTECTION David Kornhauser dkornhauser@msmlaw.ca Direct Phone: 416.862.6280

More information

Domain Name Dispute Resolution Policy

Domain Name Dispute Resolution Policy Domain Name Dispute Resolution Copyright 2011 Supreme Council of Information and Communication Technology (ictqatar) Table of Contents 1. Definitions... 4 2. Purpose... 4 3. Your Representations... 5 4.

More information

DECREE THE GOVERNMENT

DECREE THE GOVERNMENT THE GOVERNMENT No. 103/2006/ND - CP THE SOCIALIST REPUBLIC OF VIETNAM Independence Freedom Happiness ------------------------------ DECREE Hanoi, September 22, 2006 Making detailed provisions and providing

More information

REPUBLIC ACT NO. 8556

REPUBLIC ACT NO. 8556 REPUBLIC ACT NO. 8556 AN ACT AMENDING REPUBLIC ACT NO. 5980, AS AMENDED, OTHERWISE KNOWN AS THE FINANCING COMPANY ACT Section 1. This Act shall be known as the "Financing Company Act of 1998." Sec. 2.

More information

Dennemeyer & Associates Terms and Conditions for Trademark Clearinghouse Services

Dennemeyer & Associates Terms and Conditions for Trademark Clearinghouse Services Dennemeyer & Associates Terms and Conditions for Trademark Clearinghouse Services Published on September 30, 2013 Issued by: Dennemeyer & Associates S.A. 55, rue des Bruyères 1274 Howald, Luxembourg Table

More information

Jason WANG. T: F: BEIJING

Jason WANG. T: F: BEIJING Jason WANG Partner Trademark Attorney PRC Attorney-At-Law Trademark Law Committee member at the Beijing Bar Association The Enforcement Committee at INTA T: +86 10 8518 9318 F: +86 10 8518 9338 E-mail:

More information

Trademark Basics. Baton Rouge 2016 Entrepreneurship Week. Innovation & Commercialization Workshop

Trademark Basics. Baton Rouge 2016 Entrepreneurship Week. Innovation & Commercialization Workshop Trademark Basics Baton Rouge 2016 Entrepreneurship Week Innovation & Commercialization Workshop Purpose of Trademarks Trademarks serve as indications of origin and quality. They represent the goodwill

More information

QUESTION 143. Internet domain names, trademarks and trade names

QUESTION 143. Internet domain names, trademarks and trade names QUESTION 143 Internet domain names, trademarks and trade names Yearbook 1998/VIII, pages 405-410 37th Congress of Rio de Janeiro, May 24-29, 1998 Q143 Question Q143 Internet domain names, trademarks and

More information

Trademark Law of the People s Republic of China

Trademark Law of the People s Republic of China Trademark Law of the People s Republic of China ( Adopted at the 24th Session of the Standing Committee of the Fifth National People s Congress on August 23, 1982, as amended according to the Decision

More information

Terms and Conditions of Purchase Order

Terms and Conditions of Purchase Order Terms and Conditions of Purchase Order 1 Definition: Company means The Hong Kong and China Gas Company Limited. Supplier means the person, firm, company, vendor, dealer, supplier or contractor to whom

More information

Arkansas Secretary of State Mark Martin

Arkansas Secretary of State Mark Martin 4-71-201. Definitions. As used in this subchapter: Arkansas Secretary of State Mark Martin Arkansas Trademark Law (1) A mark shall be deemed to be "abandoned" when either of the following occurs: (A)(i)(a)

More information

Brand Management on the Internet. March 5, 2015 Edward T. White \ Peter C. Kirschenbaum

Brand Management on the Internet. March 5, 2015 Edward T. White \ Peter C. Kirschenbaum Brand Management on the Internet March 5, 2015 Edward T. White \ Peter C. Kirschenbaum Before we begin... Reminder that phone lines are muted Direct your questions to the Chat box or the Q&A box (to host/presenters)

More information

.scot Registration Policy

.scot Registration Policy .scot Registration Policy Definitions This Registration Policy sets forth the terms and conditions, which govern.scot domain name registrations. In this Registration Policy: a. Registrant, "You" and "Your"

More information

Importance of Intellectual Property Registration ; Trademark. Yusnieza Syarmila Yusoff Perbadanan Harta Intelek Malaysia

Importance of Intellectual Property Registration ; Trademark. Yusnieza Syarmila Yusoff Perbadanan Harta Intelek Malaysia Importance of Intellectual Property Registration ; Trademark Yusnieza Syarmila Yusoff Perbadanan Harta Intelek Malaysia Definition of intellectual property Intellectual property (IP) refers to creations

More information

FRANCE. Last updated: November 2013

FRANCE. Last updated: November 2013 FRANCE Last updated: November 2013 This material is only intended to provide an introduction to and simplified profile of an area of this jurisdiction's trademark law and practice and has primarily been

More information

IP INDIA REPORT ISSUE: MAY Since 1991 WHOSE NON-USE INVALIDATES REGISTERED TRADE MARK - VERDICT BY SUPREME COURT

IP INDIA REPORT ISSUE: MAY Since 1991 WHOSE NON-USE INVALIDATES REGISTERED TRADE MARK - VERDICT BY SUPREME COURT Since 1991 IP INDIA REPORT ISSUE: MAY 2009 Managing Partner s Welcome Address Dear Friends, It gives me immense pleasure to bring this newsletter to you wherein, we have made efforts to bring to your kind

More information

The Business Names Registration Act

The Business Names Registration Act 1 BUSINESS NAMES REGISTRATION c. B-11 The Business Names Registration Act being Chapter B-11 of The Revised Statutes of Saskatchewan, 1978 (effective February 26, 1979) as amended by the Statutes of Saskatchewan,

More information

The Madrid System Key Elements and Recent Developments

The Madrid System Key Elements and Recent Developments The Madrid System Key Elements and Recent Developments André Ntamack Head, Examination and Registration Section Brands and Designs Sector, WIPO Tokyo 8 and 9 March 2012 General Overview The Madrid System

More information

.gal Registration Policy

.gal Registration Policy De2initions.gal Registration Policy This Registration Policy sets forth the terms and conditions, which govern.gal domain name registrations. In this Registration Policy: a. Registrant, "You" and "Your"

More information

U. S. PATENT & TRADEMARK OFFICE

U. S. PATENT & TRADEMARK OFFICE U. S. TRADEMARK LAW FEDERAL STATUTES U. S. PATENT & TRADEMARK OFFICE November 25, 2013-1- November 25, 2013 TRADEMARK ACT OF 1946, AS AMENDED TITLE I - THE PRINCIPAL REGISTER TABLE OF CONTENTS 1 (15 U.S.C.

More information