EU / China – The battle for technology transfers

Publié en June 2018

Early June 2018, the European Union has initiated proceedings before the World Trade Organisation against China for failing to respect the intellectual property rights of European companies.

Observing that “European companies coming to China are forced to grant ownership or usage rights of their technology to domestic Chinese entities and are deprived of the ability to freely negotiate market-based terms in technology transfer agreements”, the EU decided to take action

The MESSI trademark – More effective in defence than in attack

Publié en June 2018

The footballer (soccer player) Lionel Messi finally obtained the registration of his trademark MESSI but had to contest the opposition based on the earlier mark MASSI for 6 years and all the way to the General Court.

The Board of Appeal of the EUIPO had in fact held that applied to clothing and sports articles not specific to the practice of football (soccer), the applicant had failed to demonstrate that

Trademark revocation – Consequences of the resumption of use

Publié en May 2018

The revocation of the rights attached to a mark is incurred if the trademark has not been put to genuine use within an uninterrupted five-year period following the registration. Nevertheless, the later start or resumption of real and genuine use before a period of three months prior to the application for revocation restores the trademark rights.

This was recalled by the Cour de cassation (31 Jan. 2018, Appeal 16-10761), enforcing

Countries of the International trademark system

Publié en April 2018

The International trademark system provides a variety of centralized administrative procedures to protect and manage a trademark in one or several member countries of the Madrid system (Madrid Agreement and Madrid Protocol).

The system of International registration of marks is administered by the International Bureau of the World Intellectual Property Organization (WIPO), based in Geneva, Switzerland.

A basic mark, protected in the “home” IP

Trademark infringement: affixing a mark to goods for export

Publié en April 2018

So far, the affixing in France of a third-party’s trademark to products (or their packaging) for export was not considered to infringe the trademark owner’s rights if the products bearing the mark were not sold in France or Europe but were intended for sale in a foreign country where the exporter had trademark rights.

However, the affixing of a trademark as such may be considered as genuine use and allow

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