The Global IP Dispatch brings you updates from around the world on trademarks, copyright, patents, IP enforcement and general IP developments.
Modern technology and the future of legal practice were hot topics at the Baker McKenzie Annual Meeting in Washington D.C. at the end of October. The meeting featured its first “Innovation Bar", which allowed attendees to explore new technologies, innovative (digital) solutions, and optimized work processes in interdisciplinary collaboration. In a similar vein, this edition of the IP Dispatch features a number of key legal and technological developments which are impacting the scope and role of intellectual property within our legal regime and within our society. We feature articles exploring: the impact of Artificial Intelligence (AI) on IP rights; the relevance of blockchain to IP right owners and service providers; and the IP issues surrounding new technology concerning autonomous vehicles. We provide an update on legislative developments on copyright, including the controversial EU Copyright Directive.
This edition also reports on trademark legislation changes in Benelux, Ukraine, Thailand and Argentina. As well as new enforcement provisions concerning Customs notices and E-commerce sites in Vietnam, and trade secret developments in the US and the EU. View full issue here
May 2018 - Changes in IP law and regulations in key markets
Heightened regulation of IP systems has swept several markets within the past quarter.
• China continues to roll out significant reforms. The government established a new super-regulator body that will oversee the protection of IP rights, which is particularly important for enforcement.
• The EU braces for the implementation deadline of the EU Trade Secret Directive on 9 June 2018.
• Substantial amendments to IP laws and protection regimes in Australia, Argentina, Mexico, Myanmar and Thailand bring about extensive changes to various IP rights.
• Other markets have also effected changes that specifically affect copyright, trademarks, patents and other rights.
We are not silent spectators as changes unfold. In several countries, our offices team up with business, helping craft policies and laws where opportunities emerge. In an increasingly unpredictable world, we help each other see around corners. It's the same spirit of active engagement and partnership that makes events like the INTA annual meeting so vibrant. We come away brimming with fresh insights, new connections and stronger friendships. View full issue here
March 2018 - First look at 2018 and what the rest of the year has in store
We have already seen a number of significant developments since the start of the year. In China, a series of legislative measures which would bring IP rights protection to previously uncharted areas were recently implemented: a new unfair competition law with penalties against unauthorized use of trademarks took effect in January; new rules on enterprise names are being pursued to stem the free-riding on famous brands; and more reforms are expected to come. Keep your eyes peeled as we encounter new trends and issues that significantly change the IP landscape this year. We are watching these developments with you. In the meantime, read on for more IP news and the latest insights and features from around the world. View full issue here
This is an exciting time for those in the field of IP, whether it be companies entering into new markets and designing their IP strategy or those looking to utilise and embrace new technology who are seeking to ensure they have their IP ducks in a row – there is a lot going on and a lot to keep on top of. View full issue here.
August 2017 – The Board Ultimatum: Protect and Preserve
Trade secret theft is big business. It is thus not surprising that 61% of executives polled in a recent Baker McKenzie and Euromoney survey stated that trade secrets and intellectual property are a board-level issue, reflecting the rising value of trade secrets in our digital age. The report is based on a survey of more than 400 executives across five industries. View full issue here
May 2017 - Breaking tradition, being unconventional
Some non-traditional trademarks which have managed to survive strict examination, third party challenges and narrowing interpretations have turned out to be powerful and almost monopolistic. Perhaps it is time for more companies to start breaking from tradition, and adopting unconventional brand protection strategies. This will still involve long term patience and some experimentation though. View full issue here
March 2017 - Specialized IP courts on the rise
As we review the various developments for the Global IP Dispatch, we are aware of the complex nature of the world of intellectual property law. Intellectual property law has always been relatively specialized, with often precise administrative procedures, specified criteria for registration, local nuances and artificial concepts such as likelihood of confusion or the person skilled in the art. That, coupled with the technological advances that often directly impact the subject matter of the cases, particularly in relation to copyright and patent disputes, can often lead to extremely technical and challenging matters being put before the courts. It is therefore not surprising that we are seeing more jurisdictions creating specialized IP courts within their own legal regimes to address disputes involving intellectual property or aspects of intellectual property. View full issue here
December 2016 - The highest EU court hands down two judgments on copyright in the digital economy
Throughout the European Union, courts struggle to balance the diverging interests of copyright holders on the one hand, and of online intermediary service providers and end-users on the other hand. For each of these stakeholders, it is an ongoing challenge to try to apply the static provisions to scenarios in the digital environment which evolve very rapidly.
In September, the Court of Justice of the European Union (CJEU), handed down two long-awaited landmark rulings in the field of copyright and the digital economy - the GS Media (C-160/15) and the McFadden (C-484/14) judgments. In simple terms, both judgments address the scope of liability for copyright infringement of online intermediaries. View full issue here
September 2016 - Brexit and IP rights: business as usual for now
Following the Referendum on 23 June 2016, the United Kingdom (UK) has taken the historic decision to exit from the European Union (EU) which means that the UK Government will eventually trigger Article 50 of the Lisbon Treaty by notifying the European Council of the UK's intention to leave. What the future will look like is uncertain and until details emerge, it's also unclear as to the type of relationship the UK will have with the EU. View full issue here
March 2016 - Spotlight on EU Trademark reform
Eyes are on the European Union as the long awaited trademark reform package was finally approved by the European Parliament at the end of 2015, while the new Community Trademark Regulation (CTM) came into force on 23 March 2016. These reforms will modernize and streamline trademark laws in Europe making them fit for the digital era giving trademark owners certainty around the scope of their rights. View the full issue
January 2016 - What is the impact of a stream of developments in the areas of trademark, copyright and other IP rights? View the full issue
October 2015 - Decisions by the Court of Justice of the European Union and courts in Germany, Mexico, Thailand, Japan and Malaysia deal with a range of issues from confusing similarity of marks to infringement. View the full issue
August 2015 - Our IP specialists from around the world provide updates on key IP developments. View the full issue
March 2015 - We examine the potential impact of the decision of the US Ninth Circuit Court of Appeals in Omega S.A. v. Costco Wholesale Corporation. View full issue