Design protection in the fashion sector. If there is a word that is inextricably linked with the world of fashion, it is “design”. The second chapter looks at industrial designs from the legal standpoint, as an appropriate form of industrial property for protection of creations in the fashion sector and as a sort of formal […]
Trademark protection in the fashion sector. The first chapter deals with trademark protection in the fashion sector. It explains in a clear, straightforward and practical manner the main aspects to be taken into account when defining the most appropriate protection strategy in this sector. It provides guidance on what protection to seek, what it should […]
On 13 March 2018, the United Kingdom ratified its membership of the Hague System for protection of international designs, which will come into effect in the UK on 13 June 2018. Therefore, from 13 June 2018, it will also be possible to obtain protection for a design in the United Kingdom by means of an […]
In a bid for complete transparency, this past 28 February 2018 the Commission, in phase 2 of the negotiating process, made public its Draft Withdrawal Agreement for the countries of the European Union, setting out its proposals for solutions to the inevitable consequences Brexit will bring. Title IV of the Draft deals with Intellectual Property rights, including […]
In its recent judgment C-395/16 of 8 March 2018, DOCERAM vs. CeramTec, the Court of Justice addressed the controversial issue of the bar against registering a shape dictated solely by its technical function as a Community design. Article 8(1) of Council Regulation (EC) No. 6/2002 of 12 December 2001 on Community Designs (CDR) sets out […]
On March 1, 2018, the OECD published the report “Governance Frameworks to Counter Illicit Trade”. In this report, the OECD has introduced a new phase in its efforts to help countries fight against piracy and to protect the market, consumers and businesses. The reasons for these increased efforts are, among others, inconsistent penalties, lack of […]
The Republic of Honduras in Central America is somewhat unusual in its approach to certain aspects of trademark protection. Article 106 of the country’s Industrial Property Act provides for an optional means of protection for owners who have failed to make use of their trademarks, enabling them to safeguard their marks from the risk of […]
The Barcelona Commercial Courts have published a report on the outcome of the Protocol that had been put in place during the MWC, which was held in Barcelona between 26 February and 1 March. ELZABURU has direct experience of the incidents concerned and can offer a first-hand account of the risks and opportunities that they […]
Negotiations between the European Commission and the United Kingdom concerning Intellectual Property rights are now getting under way in this second phase. The negotiations are to conclude in Autumn 2018 so that the Withdrawal Agreement can be approved by 29 March 2019. Thus, a transitional period would begin on 30 March 2019 and would be […]
The dissemination of illegal content online damages citizens’ confidence in the Internet and could pose security threats. Although progress has been made in Europe as regards citizens’ protection online, platforms need to double their efforts to remove illegal content from the Internet more swiftly and effectively. Voluntary measures taken by the sector, as encouraged by […]
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