Legislation

Collective/ Certification Trademarks : the new deal of the French “PACTE” law

Law No. 2019-486 adopted on May 22, 2019 known as “PACTE law” relating the growth and transformation of companies, reforms the very specific organization of trademarks formerly known as “simple collectives” and “certification collectives”. Beyond a simple change in terminology which now distinguishes “collective trademarks” and “guarantee trademarks”, this is an upheaval on the subject …

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The application of the LCEN to a request for the blocking of sites infringing trademarks

In this decision, the Court of Paris was asked to rule on the question whether the owner of an online counterfeit trademark could base his request to block websites on the basis of Article 6.I.8 of the LCEN or whether, according to the adage “Specialia generalibus derogant”, the existence of a specific basis in trademark …

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BREXIT … what’s going on ? PART2

Since our BREXIT WHAT’S GOING ON PART I was published on October 2018, we have been tracking the news as police tracks robbers. On November 13rd, 2018,  Agreement on the BREXIT was finally reached between UK and EU representatives, and followed by the EU political declaration. Such declaration states the broader guidelines on future relations …

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01/07/2018- International/ Brazil – the LGPD should come into force within 18 months.

After 8 years of work and inspired by the 1995 European Directive, the 1st Brazilian law on the protection of personal data (LGPD) will come into force. It creates and standardizes a comprehensive system of protection with 10 legal bases to justify the processing of personal data (including consent), enhanced protection for so-called sensitive data …

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Le Droit Chinois sur les Marques : Plaidoyer pour une réhabilitation avec la nouvelle loi du 30 Août 2013 !

It is very often said that the Chinese legislation on trademarks reflects a protectionist approach (including against infringers) and is static, illegible and unfair. This article tries to take an objective view on the Chinese system. First, the system is based on the active and effective role of the Trademark Office. Should we complain about …

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Nouvelle Loi Chinoise sur les Marques du 30 Août 2013 : l’Empire Immobile bouge !

On August 30 this year, China passed a new version of its law on trademarks (to be enforced on May 1, 2014). The aim is to gradually align the Chinese system with international standards. Among the (many) changes brought by the new version, the one concerning well-known trademarks is of particular interest to us. It …

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L’INDE ADHERE AU SYSTEME DE LA MARQUE INTERNATIONALE

According to an information published on  the WIPO’s website :    “India’s Minister for Commerce and Industry Anand Sharma today deposited his country’s instrument of accession to the Madrid Protocol for the International Registration of Marks at WIPO, bringing the total number of members of the international trademark system to 90. The treaty will enter …

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La loi chinoise sur les marques amenée à évoluer !!!

A new bill on trademarks was published on 1st January and remained open for public comment until 31st January. What are the major changes expected? A)   The acceptance of sound trademarks This marks the inclusion of jingles in the category of distinctive signs and should lead to high level of caution when running advertising campaigns. …

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