Christmas counterfeits – How did you fare? (Brands & IP Newsnotes - issue 4)
08 February 2017
At the end of 2016 the OECD/EUIPO released research suggesting that the total trade in counterfeit and pirated products in the EU amounted to as much as 85 billion Euros in 2013. Luxury goods are top of the list and firmly in the sights of counterfeiters for Christmas. So what was done to tackle the problem for Christmas 2016?
Recognising that reducing the impact of counterfeiting does not just lie with brand owners, the UKIPO issued a short animated film on the dangers of purchasing counterfeit goods. The film highlighted the issues with counterfeit goods and explained why consumers should think beyond the perceived bargain of a cheaper product. Police and Trading Standards worked together in Manchester to raid locations where counterfeit goods were held, seizing over £2million worth of counterfeit goods.
And Amazon announced new initiatives for combatting the fakes. It launched “Brand Central” which is aimed at helping sellers prevent others from copying their products and peddling fakes. Reports suggest it also spoke directly to Chinese manufactures to tackle the issue head on. While welcome, some may say such initiatives were well
overdue. Amazon has previously come under fire from brand owners claiming products sold on the platform are in fact fake. It is of course still a difficult issue to tackle but 2017
could make its mark in the continued battle against the counterfeiters if more interested parties take positive action like that described above. With developing block chain technologies and artificial intelligence also on the horizon, the balance may be about to tip in the brand owners’ favour.
This article was first published in the Brands & IP newsnotes publication - issue 4
New Year’s resolutions for better IP (Brands & IP Newsnotes- issue 4)08 February 2017
Why stop at making personal resolutions for the New Year when you can make them for your IP too. The start of the year is an excellent time to consider your general IP strategy and even to introduce new practices that will make protecting, using and enforcing your IP that much easier in 2017.
Rubik’s Cubes: In a spin (Brands & IP Newsnotes - issue 4)08 February 2017
Those of us of a certain age will remember the frustration of trying to complete a ‘Rubik’s Cube’. But following the CJEU’s ruling that the trade mark registration for the shape of the famous puzzle is invalid; it is the owner of the original Rubik’s Cube 3D puzzle that will be feeling frustrated.
Unregistered designs: Open and shut case (Brands & IP Newsnotes - issue 4)08 February 2017
In a recent case, Action Storage (a producer of lockers, such as the ones installed in schools) sued G-Force (another producer of lockers) for infringing its design rights in producing a similar product.
Step by step - trade marks in China (Brands & IP Newsnotes - issue 4)08 February 2017
Brand owners will take comfort from a decision of China’s highest Court (the Supreme People’s Court of China) in early December. As part of a long running battle between former basketball star, Michael Jordan, and Chinese sports manufacturing giant, Qiaodan Sports, the former basketball star has finally come out on top – at least in relation to one specific trade mark. Overturning decisions from the lower courts, the Supreme People’s Court revoked a trade mark held by Qiaodan for “Jordan” represented in Chinese characters.
Hacked off? Data breaches abound (Brands & IP Newsnotes - issue 4)08 February 2017
The inevitable rise of the data breach, otherwise known as the ‘hack’, continued unabated in 2016. The UK government reported that two thirds of ‘large’ business (i.e. greater than or equal to 250 employees – regardless of revenue) “experienced a cyber-breach or attack in the past year”.
IP myth busters (Brands & IP Newsnotes - issue 4)08 February 2017
Myth and legend is not just the stuff of Lord of the Rings. There are plenty of ommon misconceptions in intellectual property which are often further exacerbated by statements on the internet and the popularity of TV shows where legal ‘advice’ or commentary may be given. Here are a few of the most common ones we hear and the truth behind them.
UK proceeding with UPC (Brands & IP Newsnotes - issue 4)07 February 2017
The UK government announced that it will proceed with the Unitary Patent and the Unitary Patent Court (“UPC”). This ends months of speculation in the patent community as to what would happen afterthe Brexit vote last June. The UK was a mandatory signatory to the UPC Agreement and there had been concern that the project would stall in light of the UK’s European exit. Only Germany is left to ratify the Agreement and it is expected that the UPC will open in December this year.