DOCSLIB.ORG

Issue 1/2009

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Issue 1/2009 GENEVA – FEBRUARY 2009 – No.1 4 NON-TRADITIONAL MARKS GREEN INNOVATION KEEPING 10 AIRPLANES UP AND CARBON OUTPUT DOWN SALTY SECRETS 18 New Drugs from the Sea Calendar of Meetings FEBRUARY 24 GENEVA Informal Consultative Meeting to Discuss the Relevance of the London Act (1934) of the Hague Agreement Concerning the International Registration of Industrial Designs The meeting will address the issue of the obsolescence of the 1934 Act of the Hague Agreement, with a view to exploring possible options to reduce the complexity of the Hague system, in par- ticular, a possible termination of the 1934 Act. Invitations: The 15 Contracting States to the 1934 Act of the Hague Agreement Concerning the International Registration of Industrial Designs. MARCH 10 GENEVA WIPO Information Meeting on Intellectual Property (IP) Financing The purpose of the Information Meeting is to raise awareness among Member States’ copyright and industrial property offices, and the wider IP community, of the opportunities and challenges of IP financing (the use of IP assets to gain access to finance) by drawing attention to current prac- tices in different countries and different industries in the copyright, patent and trademark fields, and to current international policy developments on the subject. o.int Invitations: All States members of WIPO and/or the Paris Union; as observers, other States; and as Permanent Observer and ad hoc observer organizations, certain organizations. The Forum is also open to the general public. MARCH 16 TO 20 GENEVA IPC Union - Committee of Experts, Forty-First Session p The Committee will, in particular, discuss the report of the special Task Force on projects CE 404 (Procedures of revision and publication of the IPC) and CE 405 (IPC revision policy and consisten- cy of application), and continue its ordinary work, i.e. the adoption of results of the IPC Revision Working Group and the IPC Advanced Level Subcommittee. Invitations: As members, the States members of the IPC Union and member organizations of the Committee; as observers, the States members of the Paris Union; and as Permanent Observer and ad hoc observer organizations, certain organizations. MARCH 17 TO 20 GENEVA Working Group on the Development of the Lisbon System (Appellations of Origin) As requested by the Assembly of the Lisbon Union at its twenty third (6th extraordinary) session, the Working Group will meet to explore possible improvements to the procedures under the Lisbon Agreement. Invitations: As members, the States members of the Lisbon Union. As observers, other States party to the Paris Union and/or WIPO; and as Permanent Observer and ad hoc observer organizations, certain organizations. MARCH 23 TO 27 GENEVA Standing Committee on the Law of Patents, Thirteenth Session The Committee will continue its work on various issues relating to patent law and the international patent system, as agreed at the Twelfth Session of the Committee, held in June 2008. Invitations: As members, the States members of WIPO and/or of the Paris Union; as observers, other States; and as Permanent Observer and ad hoc observer organizations, certain organizations. APRIL 27 TO MAY 1 GENEVA Committee on Development and Intellectual Property (CDIP), Third Session This session, as decided by the Member States, is to approve the report of the second session as well as to further develop a work program for implementation of the adopted recommendations; monitor, assess, discuss and report on the implementation of all recommendations adopted; and to discuss intellectual property and development related issues as agreed by the Committee, as well as those decided by the General Assembly. Invitations: As members, the States members of WIPO; as observers, other States; and as Permanent Observer and ad hoc observer organizations, certain organizations. www.wi GENEVA, FEBRUARY 2009 CONTENTS 2 TALKING TO THE DIRECTOR GENERAL NON TRADITIONAL MARKS 4 SINGAPORE TREATY ENTERS INTO FORCE SMELL, SOUND AND TASTE – GETTING A SENSE OF 5 NON-TRADITIONAL MARKS 3D TRADEMARKS UNDER FRENCH AND COMMUNITY 7 PRACTICE GREEN INNOVATION 10 KEEPING AIRPLANES UP AND CARBON OUTPUT DOWN 13 CREATOR, ARTIST, SCULPTOR: NICOLAS LAVARENNE p 16 COPYRIGHT IN THE CLASSROOM – MINE, YOURS, THEIRS 18 SALTY SECRETS – NEW DRUGS FROM THE SEA THE MUSEUM OF COUNTERFEITING, PARIS – 20 A WALK ON THE WILD SIDE 21 THE FATHER OF KARAOKE 22 WELCOME TO THE PUBLIC DOMAIN 24 BOOK REVIEW 25 LETTERS AND COMMENT 26 IN THE NEWS 28 ACCESSIONS WIPO MAGAZINE ISSUE 2009/1 © World Intellectual Property Organization Editor: Sylvie Castonguay Acknowledgements WIPO Contributors Susie Chang (Editorial Unit) p. 16 Graphic Designer: Sheyda Navab Jean-François Arrou-Vignod and Marcus Höpperger (Sector of Anuradha Swaminathan (Editorial Unit) p. 21 Nicholas Hopkins (Film and Multimedia Trademarks, Industrial Designs and Cover image Section) p. 13 Geographical Indications) p. 4 Popeye by E. C. Segar Anya Von Der Ropp (Life Sciences Cathy Jewell (Media Relations and and Public Policy Section) p. 18 Public Affairs Section) p. 10 2 FEBRUARY 2009 TALKING TO THE DIRECTOR GENERAL FRANCIS GURRY took office as Director General of the World Intellectual Property Organization on October 1, 2008, following his election by WIPO’s Member States. The Director General took time out of a packed schedule to talk to WIPO Magazine about his first few months at the helm. What was your first priority during your first three You mentioned climate change just now. What can months in office? WIPO do about this? The most pressing priority was to agree with our First, it is clear that tackling the threats associated Member States on a new strategic framework and with global warming requires significant invest- a substantially revised Program and Budget for ment in innovation to develop climate-friendly 2009. This was a very intensive process. It involved technologies. Equally, these new technologies re-defining the strategic goals of the Organization need to be diffused rapidly across the economy. in the light of the changing technological, cultur- One practical contribution that WIPO might al and geo-economic environment, and then make, therefore, is to provide an open innovation starting to realign all our programs and resources platform, where companies could disclose their in accordance with those goals. green technologies with a view to research col- laboration on a commercial basis, or to licensing We now have nine new strategic goals. As well as them on fair, reasonable and non-discriminatory covering our work to promote a balanced evolu- terms. Open innovation has useful potential ap- tion of the international normative framework for plication in the field of climate-friendly technolo- IP, to provide premier IP services, and to facilitate gy, because of the complexity of the technologies the use of IP for development, they include a new involved (often multiple technologies go into focus on building respect for IP; on responsive producing a single product), and because of the communication; on developing international IP in- opportunities for greater collaboration which the frastructures; on establishing WIPO as a world ref- networked economy provides. So we are begin- erence source for IP information; and on address- ning to explore with Member States and industry ing IP in relation to global policy challenges, such the possibility of a role for WIPO in this area. as climate change, public health and food security. What do you hope to have achieved by the end of The next task is to bring the structure of the 2009? Organization into line with the new strategic On the internal side, I hope to have completed framework. This is part of a systematic Strategic the first major phases of the strategic realign- Realignment process, which I started in October ment. And to have successfully managed the im- and which will continue throughout the year. The pact on WIPO of the economic crisis. restructuring involves a lot of movement of staff between different programs. It is moving ahead On the external program, I want us to be able to quickly thanks to the impressive flexibility and show real progress in implementing the WIPO forward-looking spirit of staff throughout the Development Agenda. The 45 recommendations Organization. of the Development Agenda contain a set of as- pirations and principles. We are now working to You also highlighted improved communication as translate those aspirations into distinct projects an immediate priority? with clearly defined deliverables and timelines. Yes. I believe that responsive communication with our stakeholders is paramount. As well as intro- Then there is the patent area. We cannot hope, by ducing greater transparency in the consultations the end of 2009, to have solved the problems fac- with our Member States, we have also reorgan- ing the international patent system, which is ized our Communications Division and launched choking under the weight of demand. But I am a major new customer service initiative. The aim is convinced that the Patent Cooperation Treaty to enable WIPO to respond more effectively to (PCT), as the only global patent application sys- the numerous daily requests that we receive for tem, will be part of an eventual solution. In 2009, information and services. therefore, my aim is to agree a road map for the future evolution of the PCT system. 3 Photo: WIPO/Samar Photo: Shamoon Another distinct area in which I believe that the most urgent telephone global IP community can deliver a very positive messages. The morn- result is in improving access to published works ing’s meetings might for visually impaired persons. We will be working include discussions with with the World Blind Union, the International Ambassadors, or with WIPO Director General Francis Gurry in Geneva. Publishers Association and with Member States in visiting delegations, order to achieve a consensus on a successful about, for example, process for making this happen. capacity-building activities which WIPO is con- ducting in their countries; or with an NGO group More broadly, we need to start the process of on areas of potential cooperation.
Load more

Recommended publications
  • A Reflection About the Introduction of Non-Traditional Trademarks 25 a Reflection About the Introduction of Non-Traditional Trademarks
    A Reflection About the Introduction of Non-Traditional Trademarks 25 A Reflection About the Introduction of Non-Traditional Trademarks Roberto Carapeto 1. Introduction The present paper aims to analyze how some key jurisdictions have been adopting the protection of non-traditional trademarks. While doing that, it seeks to unfold the discussion about a comprehensive and universal definition of what mark/trademark is. Also, some consideration about how the adoption of non-traditional trademarks have been affeefing the harmonization of Trademark law around the world, aiming to conclude if there was a positive influence or not. For the current analysis the author choose to select jurisdictions with global influence, such as US and EU, historical influence, such as France and Germany, local influence, such as Argentina or India. The scope of what is considered a non-traditional trademark has yet to be defined conclusively. In this sense, for the purpose of the present article, the introduction of the protection for sound trademarks will be used as a definite landmark for the protection of nontraditional trademarks. 2. About Non-Traditional Trademarks The traditional range of trademarks have been limited to word, symbol or design, or a combination thereof. Even if there are some small differences from country to country, this scope is somewhat steady and the expansion of this scope has been being discussed for more than 100 years. Upon a difficulty in defining what is a non-traditional trademark, any trademark that does not fall within that traditional scope of “word, symbol or design, or a combination thereof” shall be considered as a non- traditional trademark.
    [Show full text]
  • Virtual Property: the Hc Allenges of Regulating Intangible, Exclusionary Property Interests Such As Domain Names David Nelmark
    Northwestern Journal of Technology and Intellectual Property Volume 3 Article 1 Issue 1 Fall Fall 2004 Virtual Property: The hC allenges of Regulating Intangible, Exclusionary Property Interests such as Domain Names David Nelmark Recommended Citation David Nelmark, Virtual Property: The Challenges of Regulating Intangible, Exclusionary Property Interests such as Domain Names, 3 Nw. J. Tech. & Intell. Prop. 1 (2004). https://scholarlycommons.law.northwestern.edu/njtip/vol3/iss1/1 This Article is brought to you for free and open access by Northwestern Pritzker School of Law Scholarly Commons. It has been accepted for inclusion in Northwestern Journal of Technology and Intellectual Property by an authorized editor of Northwestern Pritzker School of Law Scholarly Commons. NORTHWESTERN JOURNAL OF TECHNOLOGY AND INTELLECTUAL PROPERTY Virtual Property: The Challenges of Regulating Intangible, Exclusionary Property Interests Such as Domain Names David Nelmark Fall 2004 VOL. 3, NO. 1 © 2004 by Northwestern University School of Law Northwestern Journal of Technology and Intellectual Property Copyright 2004 by Northwestern University School of Law Volume 3, Number 1 (Fall 2004) Northwestern Journal of Technology and Intellectual Property Virtual Property: The Challenges of Regulating Intangible, Exclusionary Property Interests Such as Domain Names David Nelmark* I. INTRODUCTION ..............................................................................................1 II. DEFINING VIRTUAL PROPERTY......................................................................2
    [Show full text]
  • Protection of Trade Marks: Online Use and Anticybersquatting a European Perspective
    CMS Adonnino Ascoli & Cavasola Scamoni CMS Albiñana & Suárez de Lezo CMS Bureau Francis Lefebvre CMS Cameron McKenna LLP CMS DeBacker CMS Derks Star Busmann CMS von Erlach Henrici CMS Hasche Sigle CMS Reich-Rohrwig Hainz Protection of Trade Marks: Online Use and Anticybersquatting A European Perspective A CMS IP Group Publication Introduction Trade marks are essential for building business reputations in the modern business world. They enable customers to identify goods and services and develop brand loyalty. Trade marks also strengthen the effectiveness of advertising. Over time, trade marks develop their own brand identity independent of the goods and services they promote. This is particularly relevant as trade marks are increasingly promoted and used in modern media, such as the Internet. Trade marks on the Internet may be used to distinguish the goods and services of one undertaking from those of another, or without reference to relevant goods and services. When trade marks are used in relation to specific goods or services on the Internet, trade mark infringement can be dealt with in much the same way as it would be in any other media. Problems arise when trade marks are used on the Internet without any reference to the goods or services to which they relate. Not all countries have legislation which allows trade mark owners to protect their trade marks against such unauthorised use. Trade marks can be used on the Internet without reference to goods and services in domain names, links, metatags, pop-up ads, framing and spam messages. Such use of trade marks may be either legally justified or constitute trade mark infringement.
    [Show full text]
  • FLUID MARKS 流动性商标 - Modern Marketing Versus Statutory Trademark Protection – - 现代营销与法定商标保护
    FLUID MARKS 流动性商标 - Modern Marketing versus Statutory Trademark Protection – - 现代营销与法定商标保护 - Prof. Dr. Frank A. Hammel CUHK 12. May 2014 Fluid Marks Prof. Dr. Frank A. Hammel CUHK 12. May 2014 Fluid Marks Prof. Dr. Frank A. Hammel CUHK 12. May 2014 Fluid Marks Prof. Dr. Frank A. Hammel CUHK 12. May 2014 Fluid Marks Prof. Dr. Frank A. Hammel CUHK 12. May 2014 Fluid Marks I. What is the Nature of a Trademark? 商标的本质 II. What is the Function of a Trademark? 商标的功能 III. What signs can Constitute a Trademark? 哪些标志可以构成商标？ IV. What is a Fluid Mark? 何为流动性商标？ V. Is Trademark Law prepared for Fluid Marks? 商标法能够满足流动性商标的需要吗？ VI. What is the International Perspective? 国际法视角 VII. What is the European Perspective? 欧盟法视角 VIII. What is the Chinese Perspective? 中国法视角 IX. What is the US Perspective? 美国法视角 Prof. Dr. Frank A. Hammel CUHK 12. May 2014 I. What is the Nature of a Trademark? 商标的本质 1. Limited to goods and services 限于商品和服务 2. Principal of exclusivity 排他性原则 3. Principal of territoriality 地域性原则 4. Principal to be a sign 标志原则 4.1 Graphical 4.2 Distinctiveness a) Fanciful (Kodak) b) Arbitrary (Apple/Blackberry) c) Suggestive (Microsoft/Easyfone) d) Descriptive (104 Keys) 4.3 No descriptive use (Mobile Phone) 4.4 No generic use (XEROX) 5. Obligation of use 使用义务 Prof. Dr. Frank A. Hammel CUHK 12. May 2014 II. What is the Function of a Trademark? 商标的功能 Prof. Dr. Frank A. Hammel CUHK 12. May 2014 II. What is the Function of a Trademark? 商标的功能 1. Producer / Retailer 生产商/零售商 1.1 promote quality 宣传质量 1.2 protect invention 保护发明 1.3 protect investment 保护投资 1.4 secure market entrance / market share 确保市场准入/市场份额 1.5 secure identity 保障身份识别 2.
    [Show full text]
  • A. G. Khachatryan LEGAL ISSUES on CYBER-SQUATTING, CAUSED by TRADEMARKS V. DOMAIN NAMES CONFLICT, in the REPUBLIC of ARMENIA
    ԳՅՈՒՄՐՈՒ Մ. ՆԱԼԲԱՆԴՅԱՆԻ ԱՆՎԱՆ ՊԵՏԱԿԱՆ ՄԱՆԿԱՎԱՐԺԱԿԱՆ ԻՆՍՏԻՏՈՒՏ ГЮМРИЙСКИЙ ГОСУДАРСТВЕННЫЙ ПЕДАГОГИЧЕСКИЙ ИНСТИТУТ ИМ. М. НАЛБАНДЯНА GYUMRI STATE PEDAGOGICAL INSTITUTE AFTER M. NALBАNDYAN УЧЕНЫЕ ЗАПИСКИ ԳԻՏԱԿԱՆ ՏԵՂԵԿԱԳԻՐ SCIENTIFIC PROCEEDINGS Պրակ Բ Выпуск Б 2014 № 1 Issue B ՊԱՏՄՈ Ւ ԹՅՈ Ւ Ն , ԻՐԱՎԱԳԻՏՈՒԹՅՈ Ւ Ն UDC - 347.77 A. G. Khachatryan LEGAL ISSUES ON CYBER-SQUATTING, CAUSED BY TRADEMARKS V. DOMAIN NAMES CONFLICT, IN THE REPUBLIC OF ARMENIA Keywords: trademark, domain name, business identifier, advertising, branding, alphanumeric designation, well-known trademark, exclusive right, unfair advantage. Ключевые слова: товарный знак, доменное имя, бизнес-идентификатор, рекламы, брендинг, буквенно-цифровое обозначение, известная торговая марка, исключительное право, несправедливое преимущество. Բանալի բառեր՝ ապրանքային նշան, դոմենային անուն, բիզնես նույնա- ցուցիչ, գովազդ, բրենդավորում, տառաթվային նշում, հայտնի ապրանքանիշ, բացառիկ իրավունք, անարդար առավելություն: «Cyber-squatting» - registration of a domain name which contains a trademark owned by other person in order to resell it later and get profit. The aim of this article is to get some solutions to prevent trademark infringement not allowing others to achieve unfair advantages due to the distinctive feature or the reputation of the earlier trademark. Introduction: With the globalization and commercialization of the Internet, domain names began to be considered also as business identifiers. During the development of commercial use of the Internet, many people recognized the value in owning a domain name for an established trademark. This value can be especially high because some people type names of goods or services directly into their web browser as a means of finding websites of those brands. In terms of protection of trademark, the basic problem is regulation of domain name registration.
    [Show full text]
  • Trademarks Examination Manual Trademarks Examination Manual
    Trademarks Examination Manual Trademarks Examination Manual ............................................................................................................... 1 1 Introduction ............................................................................................................................................ 12 1.1 General information ........................................................................................................................ 12 2 Examination of applications as to form ................................................................................................. 12 2.1 Pre-examination .............................................................................................................................. 12 2.2 Request for expedited examination ................................................................................................. 12 2.3 Requirements for application – subsection 30(1) ........................................................................... 13 2.4 Contents of application – subsection 30(2) ..................................................................................... 13 2.4.1 Identity of the applicant ........................................................................................................... 13 2.4.1.1 Individuals......................................................................................................................... 14 2.4.1.2 Partnerships ......................................................................................................................
    [Show full text]
  • Making a Mark
    Making a Mark An Introduction to Trademarks for Small and Medium-sized Enterprises Intellectual Property for Business Series Number 1 Publications in the “Intellectual Property for Business” series: 1. Making a Mark: An Introduction to Trademarks and Brands for Small and Medium-sized Enterprises. WIPO publication No. 900.1 2. Looking Good: An Introduction to Industrial Designs for Small and Medium-sized Enterprises. WIPO publication No. 498.1 3. Inventing the Future: An Introduction to Patents for Small and Medium- sized Enterprises. WIPO publication No. 917.1 4. Creative Expression: An Introduction to Copyright and Related Rights for Small and Medium-sized Enterprises. WIPO publication No. 918 5. In Good Company: Managing Intellectual Property Issues in Franchising. WIPO publication No. 1035 All publications are available to download free of charge at: www.wipo.int/publications Making a Mark An Introduction to Trademarks for Small and Medium-sized Enterprises Intellectual Property for Business Series Number 1 The user is allowed to reproduce, distribute, adapt, translate and publicly perform this publication, including for commer- cial purposes, without explicit permission, provided that the content is accompanied by an acknowledgement that WIPO is the source and that it is clearly indicated if changes were made to the original content. Adaptation/translation/derivatives should not carry any of- ficial emblem or logo, unless they have been approved and validated by WIPO. Please contact us via the WIPO website to obtain permission. For any derivative work, please include the following disclaim- er: “The Secretariat of WIPO assumes no liability or respon- sibility with regard to the transformation or translation of the original content.” © WIPO, 2017 When content published by WIPO, such as images, graphics, First published 2006 trademarks or logos, is attributed to a third party, the user of such content is solely responsible for clearing the rights with World Intellectual Property Organization the right holder(s).
    [Show full text]
  • On Nontraditional Trademarks Kenneth L
    Mitchell Hamline School of Law Mitchell Hamline Open Access Faculty Scholarship 2011 On Nontraditional Trademarks Kenneth L. Port Mitchell Hamline School of Law, [email protected] Publication Information 38 Northern Kentucky Law Review 1 (2012) Repository Citation Port, Kenneth L., "On Nontraditional Trademarks" (2011). Faculty Scholarship. Paper 235. http://open.mitchellhamline.edu/facsch/235 This Article is brought to you for free and open access by Mitchell Hamline Open Access. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Mitchell Hamline Open Access. For more information, please contact [email protected]. On Nontraditional Trademarks Abstract This piece regards nontraditional trademarks like sound, color, scent or even the vertical opening motion of a Lamborghini car door. The protection of trademarks has, historically, walked a fine alb ance. Naturally, as a society, we want to protect trademarks so that transaction costs are lowered as purchasers make a quick and easy purchasing decision. You see Tide, you know Tide, you buy Tide. However, the protection of nontraditional trademarks upsets this fine alb ance. If we go too far in the protection we grant unwarranted monopolies to companies to stifle the precise competition the law was meant to encourage. Sometimes, we do not have to protect a trademark claimant to recognize the savings in search costs. In fact, nontraditional trademarks are ornamental, at best, and, at worst, a horrible distraction from the larger job of substantive harmonization so that the transactions costs might be lessened for all companies around the world. This article traces the origins of this protection and concludes that nothing in our history predicts or requires this protection.
    [Show full text]
  • Understanding the Trademark Act of the Republic of Korea
    Understanding the Trademark Act of the Republic of Korea www.kipo.go.kr 2007 Korean Intellectual Property Office Understanding the Trademark Act of the Republic of Korea 2007 TABLE OF CONTENTS TABLE OF CONTENTS PA RT I GEN ERA L ········································································································ 3 CHAPTER I PURPOSE OF THE TRADEMARK ACT ············································ 3 SEC. 1 LEGISLATIVE INTENT ··············································································· 3 SEC. 2 SPECIFIC DETAILS OF THE PURPOSE ················································· 3 I. Protection of trademarks ························································································ 3 1. Scope of ‘trademark’ ························································································· 3 2. Substance of protection ····················································································· 3 3. Scope of protection ···························································································· 3 II. Pursue to maintain the goodwill of trademark users ······································· 4 1. Trademark users ································································································· 4 2. Pursue to maintain goodwill ············································································· 4 III. Contribute to the development of industry ······················································ 4 IV. Protect the interests of consumers ·····································································
    [Show full text]
  • Confusing the Similarity of Trademarks Law in Domain Name Disputes Christine Haight Farley
    The University of Akron IdeaExchange@UAkron Akron Law Review Akron Law Journals July 2019 Confusing the Similarity of Trademarks Law in Domain Name Disputes Christine Haight Farley Please take a moment to share how this work helps you through this survey. Your feedback will be important as we plan further development of our repository. Follow this and additional works at: https://ideaexchange.uakron.edu/akronlawreview Part of the Intellectual Property Law Commons Recommended Citation Farley, Christine Haight (2019) "Confusing the Similarity of Trademarks Law in Domain Name Disputes," Akron Law Review: Vol. 52 : Iss. 3 , Article 1. Available at: https://ideaexchange.uakron.edu/akronlawreview/vol52/iss3/1 This Article is brought to you for free and open access by Akron Law Journals at IdeaExchange@UAkron, the institutional repository of The nivU ersity of Akron in Akron, Ohio, USA. It has been accepted for inclusion in Akron Law Review by an authorized administrator of IdeaExchange@UAkron. For more information, please contact [email protected], [email protected]. Farley: Domain Name Disputes CONFUSING THE SIMILARITY OF TRADEMARK LAW IN DOMAIN NAME DISPUTES Christine Haight Farley* Abstract ................................................................................ 607 I. Introduction ............................................................... 608 II. The New gTLD Program ........................................... 609 III. UDRP Disputes Until Now........................................ 610 IV. Domain Name Disputes Today .................................
    [Show full text]
  • Issn 2455-4782 Hear Me, Touch Me, Taste Me, Smell Me
    ISSN 2455-4782 HEAR ME, TOUCH ME, TASTE ME, SMELL ME: CONVENTIONALIZING NON-CONVENTIONAL TRADE MARKS IN INDIA Tanisha Agarwal1 & Vanshaj Mehta2 ABSTRACT A trademark may comprise of any symbol capable of being represented graphically, predominantly words, designs, names, numerals, letters, the shape of goods or of their packaging, on condition that that such signs are capable of distinguishing the goods or services of one enterprise from those of other enterprises. A trademarked word or name or symbol etc. is indicated by a suffixed ™ symbol in the yet-to-be approved phase and by ® post registration of the trademark. Conventionally, trademarks have been visually and graphically identifiable. Non-Conventional Trademarks such as – Smell Mark, Sound Mark, Taste Mark, Touch Mark, Motion Mark and Hologram Mark have emerged as the most contemporary issue of the modern trademark regime. Granting of such trademarks is gradually gaining recognition in various countries. India’s Trademark Regime still emphasizes on the need of a trademark being capable of graphical representation. However, conventions and treaties in the past have been held where graphical representation of a trademark has not been considered a necessity in granting registration to it. This paper shall broadly discuss about the need of such marks in the modern era. There have been few precedents around the world in which the judiciary has granted registration for non- conventional trademarks. The present paper will not only highlight the developments in the trademark regime through various treaties around the world as well as legislation reforms in India, but also draw a comparison between India and the United States’ take on this moot issue.
    [Show full text]
  • US Intellectual Property and Counterfeit Goods
    U.S. Intellectual Property and Counterfeit Goods— Landscape Review of Existing/Emerging Research A Report Prepared by the Federal Research Division, Library of Congress, Under an Interagency Agreement with the U.S. Patent and Trademark Office, U.S. Department of Commerce February 2020 Researchers: Vega Bharadwaj Marieke Brock Bridey Heing Ramon Miro Noor Mukarram 72 Years of Research Services to the Federal Government 1948 – 2020 U.S. Intellectual Property/Counterfeit Goods Preface PREFACE The U.S. Patent and Trademark Office (USPTO) leads the federal government’s efforts to develop and strengthen domestic intellectual property policies, protections, and enforcement measures. It promotes the use of stronger and more effective intellectual property initiatives internationally as well. Among these projects, which include granting U.S. patents and registering U.S. trademarks, is a focus on understanding the scope of illicit trades of counterfeit goods, along with tracking the movements and impacts of such products.1 As of 2018, counterfeiting is the largest criminal enterprise in the world, with domestic and international sales of counterfeit and pirated goods totaling between an estimated $1.7 trillion and $4.5 trillion a year—a higher amount than either drugs or human trafficking.2 Around 80 percent of these goods are produced in China, and 60 percent to 80 percent of those products are purchased by Americans.3 Both statistics provide a general sense of the significant impacts such illicit trade has on the U.S. economy, U.S. business interests, and U.S. innovations. In the summer of 2019, the USPTO partnered with the Federal Research Division (FRD) within the Library of Congress for research and analytical support examining various aspects of domestic and international counterfeit trade: the overall magnitude of the markets, the impacts on the U.S.
    [Show full text]