On April 15, 2019, final
approval was granted by both the European Parliament and the Council of the
European Union to The European Union Directive on Copyright in the Digital
Single Market (the “Directive”), giving EU member states two years to codify
the new Directive into their own national laws. More
Singapore: “Goods in Transit” Are “Imported”
The Singapore Court of Appeal recently held that “goods in transit” are considered to be “imported” for the purpose of the Trademarks Act and thus, subject to trademark infringement claims.
In Burberry Ltd. v. Megastar Shipping Pte Ltd ([2019] SGCA (Court of
Appeal),More
WIPO: Divisions and Mergers of IRS Allowed
Effective February 1, 2019, the new Rule 27bis of the Common Regulations under the Madrid Agreement and Protocol allows holders of International Registrations (IRs) to request the division of an IR within a designated jurisdiction. For example, some goods/services may remain in the existing IR,More
United Kingdom: Registered EU Rights Protected in UK Even if no Brexit Deal
According to the UK Department for Business, Energy & Industrial Strategy (see www.gov.uk), the UK government is taking steps to prepare to leave the EU on March 29, 2019 in a process known as Brexit. However, with that date drawing ever nearer,More
Spain: Trademark Law Reform
Pursuant to Royal Decree 23/2018, approved by the Spanish government on December 21, 2018, the Spanish Trademark Law was amended to conform to the amendments to EU Harmonization Directive 2015/2436 (“Directive”). The principal changes include: (1) Any individual, regardless of nationality, residence or structure, may secure More
Samoa: Accession to Madrid Protocol
Samoa acceded to the Madrid Protocol on December 4, 2018. The Protocol will enter into force with respect to Samoa on March 4, 2019. Samoa will be the 103rd member of the Madrid System. See more www.wipo.int
Israel: Blocking Orders Permissible Against ISPS
On January 1, 2019, the Knesset (Israeli Parliament) approved Amendment No. 5 to Israel’s Copyright Law, which adds the following provisions:
- Indirect copyright infringement by making copyright-protected content available to the public (new Section 48A);
- Restriction of access to an internet site by court order (new Section 53A);
Myanmar: New Trademark and Industrial Design Laws
The new Myanmar Trademark and Geographical Indication and Industrial Design Laws were signed by the President on January 30, 2019. Now for the first time, there will be an Intellectual Property Office to handle IP matters, including registration. While the laws have been signed, neither will come into force until further notification by the President. More
Mexico: Update on Declaration of Use
We update our September 2018 article on the requirement to file Declarations of Actual and Effective Use under the amendments to the Mexican Industrial Property law. At that time, it was unclear whether the requirement would apply (i) only to registrations granted as of August 10,More
Malawi: New Trademark Act
On October 1, 2018, Malawi implemented the Trademarks Act, 2 of 2018, replacing the Trade Marks Act 1957. The new Act effects the following salient updates to trademark law in Malawi:
- Concept of “trademark” is broadened to include non-visual signs.
- Service marks are now protectable,