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Olwenn Goasdoué, CMS Luxembourg
William Jean-Baptiste, CMS Luxembourg
This article was first published on Lexology

A new IP regime in Luxembourg

Olwenn Goasdoué, CMS Luxembourg, William Jean-Baptiste, CMS Luxembourg, This article was first published on LexologyThe bill of Law n°7163 implementing the new tax regime applicable to intellectual property assets (the “new IP regime”) was approved by a first constitutional vote on 22 March 2018 and should be exempt from the second constitutional vote.
It is therefore likely that the new IP regime set out in article 50ter of the Luxembourg Income Tax Law (“LITL”) will enter into force from the start of the 2018 tax year. The new IP regime will apply to any Luxembourg-resident taxpayer carrying out a business activity in Luxembourg.
An 80% exemption will apply to income and capital gains deriving from IP eligible assets according to a new calculation method, i.e. the nexus approach, meaning that a company’s R&D expenses will be an indicator of “substantial activity” allowing the taxpayer to benefit from the 80% exemption regime pro rata with the proportion of R&D expenditure. This exemption will therefore apply to revenues generated by R&D activities of the Luxembourg company and of any
 read more

Alessandra Caballero Marengo-Orsini, OMC Abogados & Consultores, Peru

The Andean Touch Trademark

Alessandra Caballero Marengo-Orsini, OMC Abogados & Consultores, PeruCurrently, the position of the trademarks is very important inside any kind of business, to such an extent that these are the most value intangible that a business could have. The following situation cause that, from time to time, people search more ways to involve indirectly consumers with trademarks. In other words, what is wanted is that trademarks will be part of the consumer’s daily life, not necessarily when they see them, but also when they heard them, smell them or touch them. We can identify a trademark when we see it and, in base of our  read more

Gaelyn Scott, ENSafrica, Africa
This article was first published by ENSafrica ( on March 6, 2018

Offensive trade marks vs free speech

Gaelyn Scott, ENSafrica, Africa, This article was first published by ENSafrica ( on March 6, 2018In 2017, the landmark US decision in Matal v Tam came after the founder of an Asian-American rock group sought trade mark registration for the band’s name, The Slants. The US Patent and Trademark Office (the “USPTO”) refused the application on the basis that the trade mark was offensive. The USPTO relied on section 2(a) of US trade mark legislation, the Lanham Act, which says that it will not be lawful to register trade marks that comprise “immoral, deceptive or scandalous matter, or matter which may disparage read more

Jesús Cuba, OMC Abogados & Consultores, Peru

Plain Packaging: Conditions consumer´s rights or protec...

Jesús Cuba, OMC Abogados & Consultores, PeruThe intro and the first verse of the song "We`re Not Gonna Take It" by glam metal band Twisted Sister, shares the main idea of this article, which refers to the fact that no one can impose on others their way of thinking or their way of life, since each person has the freedom to choose what suits him right. Unfortunately, many times, the State, while dictating certain laws, tries to always tell us what is the best for us and what is more beneficial to meet our interests. This is how the "daddy state" manifests itself in our lives, trying to control  read more

Editha R. Hechanova, Hechanova & Co., Inc., Philippines
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Proposed Amendments to the IP Code-Trademark

Editha R. Hechanova, Hechanova & Co., Inc., PhilippinesThe Intellectual Property Office of the Philippines (IPOPHL) has submitted to the Philippine Congress its proposed amendments to the IP Code (Republic Act No. 8293). Some of the major amendments affecting the law on trademarks are for example expanding the functions and express powers of the Bureau of Legal Affairs (BLA) which is the adjudication arm of the IPOPHL to include: (a) to declare marks as well-known, as well as the power to revoke said declarations, (b) declaration of ownership or having the right to  read more

Laurie Smith, J A Kemp, United Kingdom
First published on

Sieckmann Strikes Again – EUIPO Board of Appeal Cancels...

Laurie Smith, J A Kemp, United Kingdom, First published on www.jakemp.comThe EUIPO Board of Appeal recently upheld a request for a declaration of invalidity against the following grey/orange colour combination trade mark, on the grounds that its imprecision allows for multiple different combinations of the two colours. The case involved a variety of arguments from the parties relating to inherent and acquired distinctiveness, use of a mark in conjunction with another mark, bad faith, infringement and counterfeit goods. In the end, however, the decision of the Board of Appeal turned on a simple question: does the mark meet the  read more

Meaghan H. Kent, Venable LLP, USA
Briana C. Rizzo, Venable LLP, USA
First published on

Louboutin v. Van Haren: Why Louboutin Isn’t Seeing Red ...

Meaghan H. Kent, Venable LLP, USA, Briana C. Rizzo, Venable LLP, USA, First published on www.venable.comOn February 6, 2018, the Court of Justice of the European Union (CJEU) Advocate General Szpunar handed down a nonbinding opinion on the validity of Christian Louboutin’s “Red Sole” trademark registration within the European Union. Additional Opinion of Advocate General Szpunar, Christian Louboutin et al. v. Van Haren Schoenen BV, C-163/16 (translated version available here). This decision comes after years of litigation between Louboutin and Dutch footwear company Van Haren, in which Louboutin alleges Van Haren’s “Fifth Avenue by Halle Berry” footwear collection infringes its “Red Sole” mark, and Van Haren, in turn, alleges that Louboutin’s “Red Sole” registration is not valid under EU law. Originally filed in the District Court of the Hague, an appealed injunction ruling has brought this case before Europe’s highest court, the CJEU.
In June, AG Szpunar determined that Louboutin’s “Red Sole” mark qualifies as a “shape mark,” or “a mark consisting of the shape of the goods and seeking protection for a color in relation to
 read more

Hechanova & Co. Inc.


Ground Floor Salustiana D. Ty Tower, 104 Paseo de Roxas Avenue, Legaspi, Village
1229 Makati City
Philippines (PH)
Tel +63 2 888 4293
Fax +63 2 888 4290

Hechanova & Co., Inc. was established in December 12, 2005 by intellectual property lawyer Editha Hechanova and friends Fe Belen Bello, a chemical engineer, Dr. Jimmy Masagca, a biologist, and sisters Noemi Rivera, a certified public accountant and Brenda Rivera, an economist and logistics expert. From a group of six professionals, it has grown to twenty specialists and technical staff, with two certified patent agents, having passed the Patent Agent Qualifying Examination (PAQE) conducted by the Intellectual Property Office. The company specializes in the prosecution of patents and trademarks, copyright registration, domain name registration, providing patent and trademark search services, renewal services, customs recordation, registration with the Food and Drug Administration, plant variety protection, and litigation support services. It is affiliated with the law offices of Hechanova Bugay & Vilchez which handle the contentious aspects of intellectual property protection such as enforcements, opposition and cancellation proceedings, litigation, due diligence service, and licensing.

Chemphil Bldg., 851 Antonio Arnaiz Ave.,
Makati City 1223 Philippines
Tel. No.: 632-888-4293/812-6561
Fax No.: 632-888-4290/893-5878