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Dez 03, 2020
James YANG, Partner, P. C. & Associates, China
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Highlights Overview on the Latest Amendment to the Copy...


James YANG, Partner, P. C. & Associates, ChinaOn November 11th, 2020, the latest amendment of the Copyright Law has been passed by the Standing Committee of the National People’s Congress of the PRC (hereinafter the “Amendment”), which will come into force from June 1st, 2021. The Amendment is made in response to the major changes in the developments of technology, the dissemination channels of works and the cultural industries in the past decade. It is provided in Article 54 of the Amendment that “as to the willful infringement upon the  read more

Dez 03, 2020
Caroline Guy, Therrien Couture Joli-Cœur, Canada
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Trademark Updates for Canada


Caroline Guy, Therrien Couture Joli-Cœur, CanadaAs of January 1st, 2021, the Canadian Intellectual Property Office (CIPO) will increase certain fees related to trademarks and other intellectual property rights by 2%. For example, the fees for filing a trademark application will increase from $330.00 to $336.60 for the first class and from $100 to $102 per additional class. This is not a significant increase that could affect the decision of whether or not to file an application, such as the United States Patent and Trademark Office increasing the regular electronic filing fee from  read more

Nov 19, 2020
Simon Casinader, K&L Gates LLP, United Kingdom
Ravena Guron, K&L Gates LLP, United Kingdom
First published at www.iplawwatch.com


Putting Position Marks Front and Centre: CJEU Considers...


Simon Casinader, K&L Gates LLP, United Kingdom , Ravena Guron, K&L Gates LLP, United Kingdom, First published at www.iplawwatch.comIn a recent Court of Justice of the European Union (CJEU) ruling, based on a referral from the Stockholm Court of Appeal, the CJEU considered whether the distinctiveness of a sign that is to be applied to specific services should be assessed with regard to what is customary in the relevant sector. The Court clarified that, in the context of trade marks for services, the assessment of a sign's distinctiveness should not always involve an assessment of norms and/or customs of the sector. In November 2016, Östgötatrafiken, a Swedish transportation company applied for trade marks described as "position marks" for various services produced by means of vehicles and transport. The marks would consist of coloured ellipses of different sizes and placed into certain positions on buses and trains (see below for a few examples of the marks that were filed). Importantly, the position marks are affixed in a particular way to buses and trains used to provide transport services, but the shape of those vehicles were not the subject of the  read more

Nov 05, 2020
Vicente Campodonico, OMC Abogados & Consultores, Peru

Bad faith as a cause of trademark irregistrability in C...


Vicente Campodonico, OMC Abogados & Consultores, PeruBad faith at the time of registering a trademark is one of the classic figures of law within the field of Intellectual Property and a critical issue in China that causes great concern not only for the Popular Republic itself, but also for foreign companies that have this country in their sights. The increasing expansion of foreign brands in the Chinese market has led to problems regarding the protection of them and, consequently, of their owners. The number of applications for registered distinctive signs has exceeded  read more

Okt 08, 2020
Alisha Wang, P. C. & Associates, China
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Legal Avenues of Handling Trademark Infringement Suspec...


Alisha Wang, P. C. & Associates, ChinaTrademark crimes stipulated by the PRC Criminal Law are different from the general trademark infringement acts in terms of regulation scopes, degrees of severity, evidence requirements, etc. When the trademark infringement is suspected of a criminal crime, the trademark owner can directly report or make a complaint to the public security organ, or advise the civil tribunal to transfer relevant criminal clues and evidence to the public security organ to start public prosecution procedure. Alternatively, the trademark owner  read more

Okt 07, 2020
Anca Draganescu-Pinawin, IP Counsel, Novagraaf, Switzerland
First published at www.novagraaf.com


Threats with a smile: The cease-and-desist letter in a ...


Anca Draganescu-Pinawin, IP Counsel, Novagraaf, Switzerland, First published at www.novagraaf.comOn 23 September 2020, Bill Murray was sent a cease-and-desist letter by Peter Paterno of the law firm King, Holmes, Paterno and Soriano LLP, representing the rock band the Doobie Brothers. The letter called out William Murray Golf, the apparel brand set up by Murray and his five brothers (in a nod to one of his career-defining roles as a deranged gamekeeper in Caddyshack), for using the Doobie Brothers’ song Listen to the Music, among others, without permission. Given the dry, even stodgy phrasing one might expect  read more

Sep 24, 2020
Ms María Kristjánsdóttir, GH Intellectual Property / LEX, Iceland, GH Intellectual Property / LEX, Iceland

Amendments to the Icelandic Trademarks Act


Ms María Kristjánsdóttir, GH Intellectual Property / LEX, Iceland, GH Intellectual Property / LEX, IcelandOn 1 September 2020, Icelandic act no. 71/2020, amending the Icelandic Trademarks Act no. 45/1997, entered into force. The amendment act was approved by the Icelandic Parliament on 12 June 2020. The act implements the European Union trademark directive 2015/2436 into Icelandic law. It contains various new provisions and harmonizes the EU and EEA trademark systems, not only regarding trademarks but also regarding collective marks and guarantee and certification marks. A new supplementary Trademarks Regulation  read more


P. C. & Associates



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9th Floor Scitech Tower, No. 22 Jian Guo Men Wai Avenue, Chao Yang District
100004 Beijing
China (CN)
Tel +86 10 655 940 91
Fax +86 10 655 940 92
dongwei@pcassociates.cn, mail@pcassociates.cn
www.pcassociates.cn

Mr. Dong Wei, founder of P. C. & Associates, started his IP career after graduation from Peking University with a B.S. degree in Electronics in 1991. He qualified as patent attorney, attorney at law, and trademark attorney. In 1998, he also obtained a LLM degree from Peking University. He specializes in IP prosecution and litigation as well as advising on strategy for protection of intellectual property rights. He is one of the most experienced and well-known IP litigators in China with deep involving in some patent and trademark lawsuits deemed as first case for some certain principles. Some cases were selected as typical cases by the Supreme People's Court of China.

P. C. & Associates is a Chinese IP firm providing high-quality, all-around “one-stop” services in respect of prosecution and litigation of patent, trademark, and copyright. P. C. & Associates has a team comprised of more than 80 professionals, including 30 patent attorneys, 21 attorneys-at-Law, and 10 trademark attorneys. Headquartered in Beijing, P. C. & Associates also has branches or representative offices in Hong Kong, Silicon Valley and Shanghai.

IP Services:
- Consultation
- Prosecution
- Litigation
- Enforcement
- Search & Monitoring
- Investigation
- Domain Name Dispute Resolution
- Portfolio Management
- Translation

Therrien Couture Joli-Coeur



Micheline Dessureault

Micheline Dessureault
1134 Grande-Allée Ouest, Suite 600
G1S 1E5 Québec (Québec)
Canada (CA)
Tel +1 418 681 7007
Fax +1 418 681 7100
micheline.dessureault@groupetcj.ca
www.groupetcj.ca

Founded over 25 years ago, our firm has expanded considerably since its creation, placing it amongst one of the most important law firms in the province of Quebec, Canada.

Counting almost 200 professionals, our firm has offices in Montreal, Quebec, Saint-Hyacinthe, Brossard, Laval and Sherbrooke and has, amongst others, departments in intellectual property, international business law, business law, taxation, real estate law and insolvency and enforcement of security.

It is known for both the quality and affordability its legal services. Our accomplishments are in large part due to the competent, creative and service-oriented professionals who lend their hand to helping their clients and strive to go above and beyond demand.

Our team of professionals in the intellectual property area is renowned for its services and publications as well as for its conferences and seminars. Its members, whether they are lawyers, trademark agents or technicians, have a strong experience in Canada as in foreign countries. Counting on a sound network of contacts throughout the world, they are fit to assist you on intellectual property matters.

Our spheres of activity in Intellectual Property:
- Protection and management of intellectual property portfolios
- Trademarks
- Copyright
- Information technologies and Internet Law
- Patents and industrial designs
- Litigation
- Know-how
- Artistic heritage
- Licenses/technology transfer
- Research and development

Our services in International Business Law:
- Business accompaniment
- Legal and political analysis
- Creation of a subsidiary or branch
- Mergers and acquisitions
- Strategic alliances and partnerships
- Commercial agencies/sales offices
- Distribution
- Joint venture and co-development
- Exportation and importation
- Legal domiciliation
- National and international taxation
- Real estate
- Negotiation and drafting of various other international contracts
- Transnational dispute settlement, mediation, Arbitration
- Notarial law

We invite you to visit our website for further information regarding our firm and its specialists.

Micheline Dessureault, Lawyer and Trademark Agent, Director of the Intellectual Property and International Business Law Departments

Simone Ndiaye, Trademark Agent