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It is thus thought that the EU Parliament rejects ACTA will stick to the original timetable for ACTA, with a decisive vote in the referral; commission pushes on Committee of International Trade expected on May 29-30, and a decision by the plenary in With a number of EU countries US Federal Trade commission rights and freedoms, such as its June session. reviewing their position on the and the National Consumer freedom of expression and However, on April 4 the Anti-counterfeiting Trade Protection Week targeted by information or data protection, commission took the next step Agreement (ACTA), the act is to hacker group Anonymous. and the right to property in case in the process of referring ACTA be referred to the ECJ to assess In the resulting fall-out, of intellectual property”. to the ECJ by agreeing on the whether it is compatible with the several EU countries stated that The Committee of legal submission to be put ’s fundamental they would reconsider their International Trade of the before the court. rights and freedoms. participation in the treaty, with European Parliament then voted De Gucht stated: Although ACTA has already Polish Prime Minister Donald against referring ACTA to the ECJ, “Considering that tens of been signed by 22 EU countries, Tusk confirming that he would with EPP group coordinator thousands of people have as well as the United States, not ratify the treaty and urging Daniel Caspary stating: “At the voiced their concerns about Japan and Australia, among other party leaders within the moment, there is no need to do ACTA, it is appropriate to give others, it is still subject to European People’s Party (EPP) to so, because the file will go to the our highest independent approval by the European reject the act. EU heavyweight court – according to intentions judicial body the time to deliver Parliament. also aired concerns. announced by the European its legal opinion on this In early 2012 anti-ACTA Reacting to the debate, the Commission. We also want to agreement. This is an important protests swept across Europe. decided keep Parliament more flexible in input to European public and During a day of action on to refer ACTA to the ECJ to the coming months when it will democratic debate. I therefore February 11, a large number of establish, as Trade hold its political discussion and hope that the European protesters turned up in several Commissioner Karel De Gucht assess whether ACTA is the right Parliament will respect the ECJ German cities. Cyber attacks also explained, whether the act is tool… If Parliament refers ACTA and await its opinion before took place in protest against “incompatible – in any way to the court, then it can no determining its own position ACTA, with sites belonging to the – with the EU's fundamental longer vote on it.” on ACTA.”

US study identifies economic importance of trademarks

The US Department of note that IP-intensive industries these industries would account When taking a 10-year Commerce has issued a report (essentially those most active in for the majority of IP-intensive perspective, and ranking identifying the sectors that protecting trademarks, patents jobs (22.6 million or 83% of all IP- registration classes by trademark generate intellectual property and copyrights) create 27.1 million intensive jobs). Indeed, count to identify the economic and the impact of those sectors jobs and indirectly support employment in the patent and sectors which make most use of on the US economy. At a time another 12.9 million jobs, with the copyright-intensive industries federal trademark protection, when the debate over IP rights average weekly wage in IP- was significantly lower.” seven industries account for rages on, the study sheds light on intensive industries overall 42% Similarly, IP-intensive more than half (53.5%) of the contribution of intellectual higher in 2010 than in other non industries contributed $5.06 registrations: electrical and property to economic IP-intensive private industries. trillion in value in 2010, 34.8% of scientific apparatus; advertising performance – with trademarks Delving deeper, 60 of the 75 total GDP. Again, with trademark- and business; education and playing a central role. IP-intensive industries identified intensive industries dominant, entertainment; computer and The headline figures in “The by the report were considered to “this segment alone accounted scientific; paper goods and Intellectual Property and US be trademark-intensive, with the for almost 31% of GDP, with $4.5 printed matter; insurance and Economy: Industries in Focus” analysis stating: “It follows that trillion in value added in 2010”. financial; and clothing.

Near monopoly for BOTOX mark? intended to take unfair approach of the advocate advantage of the distinctive general, the monopoly enjoyed character or repute of the by the BOTOX marks would be In Helena Rubinstein SNC v distinctiveness and reputation BOTOX marks) was not substantial and provide a strong OHIM (Case C-100/11 P), of the earlier BOTOX marks. supported by any evidence defence against ‘boto’-prefixed Advocate General Mengozzi has Among other things, the before the General Court. marks. It would then be confirmed the General Court’s advocate general rejected the According to Jean-Philippe preferable to avoid using the finding that the marks complainants’ argument that Bresson and Franck Soutoul, prefix ‘boto’ for goods in BOTOLIST and BOTOCYL would the finding of parasitic intent from INLEX IP EXPERTISE, Classes 3 and 5, at least at the take advantage of the (ie, that the complainants “should the ECJ follow the Community level.”

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