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Jun 28, 2018
Dale Healy, Nicky Garnett and Kareema Shaik, Adams & Adams, South Africa
First published on www.adamsadams.com


New Namibia Industrial Property Act imminent


Dale Healy, Nicky Garnett and Kareema Shaik, Adams & Adams, South Africa, First published on www.adamsadams.comAfter years of anticipation, the Industrial Property Regulations were published in the Namibian Government Gazette on 1 June 2018. The effect of the publication is that the new Industrial Property Act No. 1 of 2012 will come into operation on 1 August 2018. The Act repeals, amongst other legislation, the Trade Marks in South West Africa Act dating back to 1973 and introduces new legislation for patents, industrial designs, trade marks and trade names. Copyright protection is still mainly governed separately under the existing Copyright and Neighbouring Rights Protection Act 6 of 1994.
Insofar as trade marks are concerned, some of the noteworthy introductions include new requirements for assignments and provisions relating to restorations, alterations/amendments, joint ownership, licence contracts and registered users. No provision is made in the new Act for defensive trade mark registrations, although existing registrations will remain valid. The Act also makes it possible to register collective marks, whereas previously only
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Jun 28, 2018
Kelly Sánchez, OMC Abogados & Consultores, Peru

Trademark cancellation for lack of use, a strategy not ...


Kelly Sánchez, OMC Abogados & Consultores, PeruThe use of the trademark is the main obligation acquired by the owner, something that is not necessarily fulfilled, especially when the Peruvian Trademark Law, in contrast with the Anglo-Saxon Law, its constitute and obey to the principle of the registration, which means that it is not require that the trademark be in use in order to earn the registration, allowing the economic agents to get the registration of trademarks that have never been or will never be use or will only have a temporary use. For this reason, in many legislations of the world is  read more

Jun 14, 2018
Frouke Hekker, Novagraaf Nederland BV, The Netherlands
First published on www.novagraaf.com


EU General Court finds EW and WE to be not confusingly ...


Frouke Hekker, Novagraaf Nederland BV, The Netherlands, First published on www.novagraaf.comThe holder of the European trademark WE sought to prevent the registration of a figurative mark for the word EW, on the grounds that the marks were confusing similar, due to visual and phonetic similarities, as well as the similarities between the respective goods for which protection is sought. Both trademarks covered similar fashion-related products. EUIPO’s Opposition Division and later its Board of Appeal agreed; however, in its judgment of 4 May, the EU’s General Court annulled the EUIPO decisions. Likelihood of confusion is a key criteria when assessing the similarity of trademarks. To establish  read more

Jun 14, 2018
Andrew Ndikimi, O&M Law LLP, Kenya

Recent Legal Development in Kenya - Enactment of the Co...


Andrew Ndikimi, O&M Law LLP, KenyaThe President of the Republic of Kenya assented to The Computer Misuse and Cybercrimes Act, 2018 (the “Act”) on 16th May 2018. The Act was to provide for a framework to prevent and control the threat of cybercrime, i.e. offences against computer systems. The Act stipulates its objectives as: (1) Protecting the confidentiality, integrity and availability of computer systems, programs and data; (2) Prevent the unlawful use of computer systems (including mobile devices); (3) Facilitate the investigation and prosecution of  read more

Mai 22, 2018
Imogen Fowler, Hogan Lovells, Alicante, Spain
Iza Junkar, Hogan Lovells, Alicante, Spain
First published on Lime Green IP, www.limegreenipnews.com


adidas victorious again in defending its rights to the ...


Imogen Fowler, Hogan Lovells, Alicante, Spain, Iza Junkar, Hogan Lovells, Alicante, Spain, First published on Lime Green IP, www.limegreenipnews.comThe General Court has once again upheld adidas’ oppositions against two copycat applications for two stripes positioned on a shoe. The two decisions issued on 1 March 2018 (in Cases T-629/16 and T-85/16) come as part of the long-standing trade mark dispute between adidas and Shoe Branding.
The cases involved Shoe Branding’s two applications for position marks showing a shoe with two stripes, one was applied for footwear in class 25 and the other was applied for safety footwear in class 9. The marks were represented in both applications. adidas opposed these two applications on the basis of its various rights to the Three Stripes Mark.
The opposition in relation to the application for class 25 proceeded to the General Court, which in 2015 upheld adidas’ view that the marks at issue were similar. This finding was upheld by the CJEU (see blogpost). Following these two EU Court decisions, the EUIPO’s Board of Appeal (BoA) upheld
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Mai 22, 2018
Andrew Ndikimi, O&M Law LLP, Kenya

Legal Development in Kenya Enactment of the Computer an...


Andrew Ndikimi, O&M Law LLP, KenyaThe President of the Republic of Kenya assented to The Computer and Cybercrimes Act, 2017 (the “Act”) on 16th May 2018. The Act was to provide for a framework to prevent and control the threat of cybercrime, i.e. offences against computer systems. The Act stipulates its objectives as: protecting the confidentiality, integrity and availability of computer systems, programs and data; prevent the unlawful use of computer systems (including mobile devices); facilitate the investigation and prosecution of cybercrimes; and  read more

Mai 08, 2018
Thibaut D’hulst, Van Bael & Bellis, Belgium
Eléonore Waterkeyn, Van Bael & Bellis, Belgium
First published on www.mondaq.com


European Union - Adidas Wins Battle against Belgian Sho...


Thibaut D’hulst, Van Bael & Bellis, Belgium, Eléonore Waterkeyn, Van Bael & Bellis, Belgium, First published on www.mondaq.comIn its judgment of 1 March 2018 in case T-629/16, the General Court of the European Union (the “Court”) dismissed the appeal brought by Shoe Branding Europe BVBA (“SB”) against the decision of the European Union Intellectual Property Office (“EUIPO”) to refuse registration for its trade mark following the opposition filed by Adidas AG (“Adidas”).
On 1 July 2009, SB filed an application for registration for an EU trade mark consisting of two parallel lines positioned on the outside surface of the upper part of a shoe, to be registered for “Footwear”. Adidas opposed the registration on the basis of Article 8(1) of Regulation No 207/2009 on the Community trade mark (the “TM Regulation”), now Regulation 2017/1001 on the European Union trade mark, i.e., the likelihood of confusion between the trade marks, and of Article 8(5) of the TM Regulation, i.e., SB’s taking unfair advantage of the reputation of the Adidas trade marks.
What followed was a long series of
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