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Protection of Market Image of Space

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QUALITY USER EXPERIENCE DURING DIGITALIZATION IS IMPORTANT

Today, search engines can string us 500 million results in half a second and offer and offer us specifically, according to our search habits, profiled results and online ads. The market is increasingly saturated with mass products and services. In an age of increasing digitalization and increasingly present artificial intelligence, we feel that we are constantly short of time.
Uniqueness and originality, as well as a quality user experience in as real a time as possible, are becoming increasingly important. We attract and propose potential new customers and consumers with a unique purchasing and / or user experience of our services and / or products in a very special environment. They return to us again or, with a new purchase, remain loyal to our services / products and thus indirectly to our company.

OUR INVESTMENTS IN DEVELOPING OUR OWN PURCHASE AND USER EXPERIENCE AND THEIR PROTECTION

We invest financial and intellectual capital, our knowledge and experience, our time and the creativity of ourselves and our employees in the development of our own services and products. We transfer the effect of uniqueness and originality to our distribution channels and to the sales service itself and to our sales premises. Our uniqueness and originality is transferred to the shopping experience of our customers and new customers and consumers of our services / products through distribution channels or sales outlets. Therefore, it makes sense to adequately and optimally protect all the intellectual property we create in this way, in accordance with the existing legislation in the countries in which we want to market.

Where the result of our investments and efforts is a special market image of our services / products, our exhibition and sales premises, which differs from competitors and other providers, it makes sense to protect it with the right of registered design to protect the appearance of the product. ).
In the last 15 years, the concept of market image has become more and more popular in Europe, in addition to the concept of corporate image.
With the Slovenian model, the Community model (protected product appearance in all 28 EU countries) and also with the International model, the protection of which is covered by as many as 118 countries, so n. pr. protect different types of market images. Among them are n. pr. market image or corporate image of space, market image or corporate image of interior spaces, market image or corporate image of sales windows, market image or corporate image of the interiors of various other premises, market image or corporate image of the interior of restaurants, market image or corporate image of the interior of ships and other watercraft, market image or corporate identity of the interiors of various land vehicles, etc.

In the next message, we will introduce you to the possibilities of protecting your marketing images in connection with a sound brand.

With our knowledge and many years of experience in our company KETNER d.o.o. we help you compile a patent application for your invention and protect it in the Republic of Slovenia and in many markets abroad, whether in European countries, the United States, Russia, China, India, Brazil, South Africa or any other market. At the same time, we advise you on how to alternatively protect your inventions and innovations and how to properly document their development. All this in order to help optimally protect your inventions and innovations, and thus to create and increase the value of your company and your business.
Be strategic! Protect your intellectual property! With trust in you and in your company or organization, we always strive for you, for your future and the future of Slovenia.
We are happy to represent you in the procedures for the protection of your intellectual property, which we will also evaluate at your request!

Meti Ketner

Meti Ketner joins Leaders in Law as the exclusive Intellectual Property Law member in Slovenia

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Leaders in Law, the leading platform in its field, is delighted to welcome Meti Ketner as our exclusively recommended & endorsed Intellectual Property Law expert in Slovenia. Meti’s office is located in Ljubljana.

Meti Ketner is a passionate and innovative lawyer and a businesswoman, European Trademark and Design Attorney, the CEO and the founder of KETNER® Ltd. which is constantly progressing and expanding and following the key trends of Intellectual Property Protection to which clients can rely on.

Meti Ketner is aware that the Intellectual Property Protection sector is constantly evolving. Ideas of the future are already changing the present moment. She is very proud to show the world the intellectual capacity of Slovenia – the rising star of this world.

Prior to practicing law in her own company, Meti Ketner was working for the larger Slovenian professional legal offices and also for institutions of public importance and in the frame of international projects of great importance for Slovenia. Meti Ketner strives for success working together with the team of highly-qualified experts by doing the best for their clients. To maintain its strong market position KETNER® is reflecting its strength.

If you require any assistance in this area, please use the contact details provided in Meti’s profile below or contact us at info@leaders-in-law.com & we will put you in touch.

James Coles Authors Unique Intellectual Property Book

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The American Bar Association (ABA) has published a unique book from Densborn Blachly attorney James Coles. The book, “Drafting and Negotiating Intellectual Property Transactions,” provides practical insight into drafting and negotiating transactions with intellectual property provisions.

“I started this book because I could not find one book devoted explicitly to the subject matter I was teaching in the law course I designed,” Coles said. “It is very gratifying that the American Bar Association saw the critical need to have it published for the entire law community.”

Coles has been practicing law for nearly 50 years and has spent the last 15 years teaching “Intellectual Property Transactions & Licensing” at the IU Robert H. McKinney School of Law on the campus of Indiana University-Purdue University Indianapolis. The course he designed is unique because its approach is practical instead of case-study based like many law courses. His peer-reviewed book takes the same approach and has already received positive reviews.

“Jim’s vast experience in this field could fill volumes, and we are thrilled he can share this knowledge to educate future generations of attorneys,” said Densborn Blachly Managing Partner David Blachly. “With its unique focus, the book makes a great reference for any lawyer practicing intellectual property law.”

Coles is a leader in advising local, national and international businesses on all types of technology and intellectual property legal issues, including patent, trademark, copyright, trade secret, intellectual property transactions and intellectual property litigation. He has extensive knowledge in drafting and negotiating agreements with intellectual property issues and resolving disputes involving technology and intellectual property matters. He helps clients assess their intellectual property assets through consulting services and develop strategies for protecting and exploiting those assets.

“Drafting and Negotiating Intellectual Property Transactions” is available now on the ABA website at https://www.americanbar.org/products/inv/book/411364913/.

O’Conor & Power – Día Mundial de la Propiedad Intelectual – World IP Day

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O´CONOR & POWER
Happy World Intellectual Property Day
San Martín 663, Piso 9
Ciudad de Buenos Aires
(C1004AAM)
Argentina
Tel: (5411) 4311-2740 (5411) 5368-7192
(5411) 5368-7193
ocp@oconorpower.com.ar oconor@oconorpower.com.ar

Santiago R. O’Conor

Competition Law and its Effect on the use of Patent Rights

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Which? has launched a £480 million complaint in the UK against 4G chip maker Qualcomm alleging that it has abused its dominant position in the marketplace by inflating prices for licenses of the patents that it holds. Which? alleges that these prices were then passed on to the consumer in the form of higher handset prices.

A patentee grants a patent license to a third party so that the third party can practice the invention without the risk of being sued. Licenses are often granted in exchange for a fee – or in exchange to license technology from the third party – so called “cross-licensing”. In this case Which? alleges that the terms of the licenses were inflated to Qualcomm’s benefit as a result of its dominant position in the marketplace.

The Federal Trade Commission in the United States brought a similar action in the United states in 2017 – but this was ultimately dismissed. However, in Europe Qualcomm was found to have broken competition law for deals it made with Apple, and for its 3G licensing deals. It received significant fines at the time.

What does this tell us about IP? Regardless of the eventual outcome of this particular case, it shows us that patent rights and competition law can be in contrast to one another. Patent rights grant monopolies – the right to exclude others from a market, whilst competition law attempts to stop dominant companies from abusing that position of dominance. Therefore, once a company is large enough that it has a dominant market share it must consider competition law when utilising its patent portfolio.

For technology companies that have a licensing based business model a successful patent strategy could mean that they become dominant in a burgeoning technology market very quickly. It’s therefore necessary to continually assess the market share you have in a particular marketplace and how that may affect your trading practices. As ever it is always best to seek professional representation if you are concerned about such matters.

Philipp Rastemborski, LL.M.

IP STARS 2021 RANKINGS

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Gorodissky & Partners (Ukraine) once again was ranked among the best firms providing services in the field of trademark protection and enforcement according to the IP STARS 2021 rankings.

IP STARS is the world’s leading specialized intellectual property resource, conducting annual surveys since 1994 and covering more than 70 jurisdictions.

The results of the survey can be looked at under following the link:

Managing Intellectual Property

Nina Moshynska

IP Introduces Fast Track Trademark Registration and Renewal

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On 23 February 2021, the Department of Intellectual Property issued a Notification introducing a fast track examination process for trademark registration and renewal. This notification is issued with the aim of expediting trademark registrations and the renewal process, thus enhancing and facilitating trademark protection for both the private sector and general public; enabling them to build a conductive business operation.

For the fast track trademark registration, an application for trademark registration will be examined within six months from the filing date, although the publication period and grant of the registration certificate may not be completed in said six-month period. The trademark application eligible for the fast track process must comply with the following conditions:

  • The lists of goods/services must not exceed 30 items.
  • The specifications of goods/services must all conform to the recommended acceptable specifications of the Department of Intellectual Property.

For the fast track trademark renewal, each application will be examined within 45 minutes from the time of submission. The renewal application eligible for fast track renewal must meet the following conditions:

  • The lists of goods/services under the trademark registration must not exceed 30 items.
  • There must be no amendments to the specifications of goods/services under the trademark registration.
  • The renewal application must be submitted at the Department of Intellectual Property, Ministry of Commerce, by the trademark owner or appointed agent. In the latter case, the power of attorney must state that the appointed agent has the authority to receive a certificate of registration.
  • The applicant or appointed agent must request at the time of submission that he/she would like the Trademark Registrar to urgently examine the renewal application and issue the certificate of trademark registration renewal.
  • The official renewal fees must be fully paid. In the event that the renewal application is defective but possible to be corrected within the date of submission of the renewal application, the Registrar shall order the amendment and accordingly grant permission for trademark registration renewal on the date of submission of the renewal application. However, if the application cannot be resolved by the date of submission of the renewal application, the Registrar shall examine the renewal application within the period specified in the public manual (normal process), according to the Licensing Facilitation Act B.E. 2558 (2015).

Please note that this Notification applies to all types of marks, i.e. trademark, service mark, certification mark, and collective mark.

Chavalit Uttasart

Jones Day promotes 50 partners as it shrugs off impact of Covid-19

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Jones Day has shrugged off the impact of Covid-19 in this year’s partner promotions round making up 50 lawyers across its network, up from 34 last year.

There are six promotions in the Asia Pacific region and six in Europe, with the remainder across its substantial national network of US offices.

The promotions were spread relatively widely across the network – partners were made up in 22 of the firm’s 41 bases with Washington DC accounting for the largest tally (six), followed by New York and the top 10 US firm’s Cleveland headquarters, which will both usher in five new partners on 1 January.

There is also a near even gender split – 24 of the new partners are women representing 48% of the cohort. Last year the split was exactly 50-50.

Notable among the appointments is that of firmwide head of pro bono Laura Tuell, who is based in Washington DC. The former trial lawyer oversees the firm’s global pro bono programme as well as having an active practice, particularly representing women asylum seekers seeking protection against gender prosecution.

Research published earlier this year found that more than 55 law firms globally employed 66 dedicated pro bono partners in 2019, compared with just six in 1999.

Among the more unusual locations welcoming new partners is the firm’s 32-strong Taipei office, where Jean Kuo is being made up. She has a broad practice that includes M&A, IP and antitrust with a focus on advising Japanese clients on their investments.

There are four promotions in Australia, up from two last year. In Sydney competition specialist Prudence Smith and M&A adviser Hemang Shah have been recognised while disputes specialists Pip Goldman and Daniel Moloney are joining the partnership from their bases in Brisbane and Melbourne respectively.

The Asia Pacific tally is completed by Shanghai-based IP litigator Guoping Da, who represents multinational companies in IP enforcement and infringement actions in the United States and China. She studied at Peking University before gaining a PHD in biochemistry in the US and then qualifying as a lawyer.

Meanwhile, in Europe, there were two promotions apiece in London (John Crowley, real estate, Laura Pembridge, private equity), Paris (Edouard Fortunet, private equity, Nicolas André, tax) and Brussels (Eva Monard, regulation, Jonas Van den Bossche, M&A).

In terms of practice areas the business and tort litigation team enjoyed the most promotions (nine) followed by M&A (seven) and IP (five).

In March, Jones Day was named the strongest law firm brand in the US for a fourth year in the Acritas 2020 US Law Firm Brand Index. However, last month it was forced to clarify its role as an adviser to Donald Trump by rebutting media claims it was involved in any litigation involving alleged voter fraud.

Earlier this week a group of six former associates withdrew a class and discrimination claim against the firm although they are still pursuing individual claims which the firm has dubbed ‘equally meritless’, according to Reuters Legal.

Other top US firms already to have announced their promotions include Latham & Watkins, which unveiled 33 new partners, the same as last year, and Kirkland & Ellis, which made up a record 145 partners.

UK’s approach to protecting and enforcing design rights

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Global Head of IP David Stone speaks to Lexology Learn and discusses why protecting and enforcing design rights in the UK is becoming a lot more attractive, as well as new measures being introduced by the Intellectual Property Enterprise Court. He also looks at where there is room for improvement in the English courts.

Trade Marks, Designs & Copyright: IP Review

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Welcome to our Annual Review of developments relating to trade marks, copyright and designs during 2019. We have selected a number of the reports that we have published over the course of the last 12 months, commenting on issues ranging from the latest guidance on the boundaries of trade marks and designs through to a number of interesting questions on copyright protection in the light of developing technology and business models. This year’s Review mentions a couple of cases in which we acted, including in a website blocking action for Nintendo in relation to sites selling devices seeking to circumvent encryption measures, and an important case for Sky in the European Court of Justice relating to trade marks.

We also include a brief update on the Brexit position. Now that the Withdrawal Agreement has been ratified and the UK has left the EU, we are in the transition period. During this period, which will end on 31 December 2020 (unless it is extended, albeit the UK Government has said this will not happen), the status quo will be preserved. There will be no change in how IP rights will be protected and enforced during the transition period and, more specifically, EU Trade Marks and Designs will continue during the transition period to extend to the UK. As part of our Brexit preparations, we have set up Mishcon de Reya IP B.V., a trade mark practice based in The Netherlands. Mishcon de Reya IP B.V. is a wholly owned subsidiary of Mishcon de Reya LLP and will allow us to ensure continued representation in relation to EU Trade Mark and Design matters before the EUIPO following the end of the transition period. We will continue to update you on Brexit developments throughout the year.

Click here to view the pdf version of our Review.

We hope you enjoy reading the Annual Review. Please get in touch if you have comments or queries on any of the topics raised.

Trade Marks

Compared to previous years, trade mark law and practice in 2019 focussed to a much lesser extent on questions of infringement and enforcement. Instead, the key cases raised questions relating to clarity and precision of trade mark specifications (and whether this can be a ground of invalidity of a registered mark), and alleged bad faith during the trade mark application process. […read more]

Copyright

In a continuing trend, 2019 saw the CJEU issue a series of decisions following referrals from Member State national courts on various issues under the Copyright Directive and related Directives. This looks set to continue in 2020 with the CJEU due to hear more copyright referrals. […read more]

Design

Alongside an important referral to the CJEU relating to ‘first disclosure’ for Unregistered Community Designs, the implications of the Supreme Court’s Trunki decision continue to be felt in the UK Courts. […read more]

Brexit

The UK left the EU on 31 January 2020.  The EU and UK reached a revised Withdrawal Agreement which includes a transition period ending on 31 December 2020.  During the transition period, the status quo continues to apply in relation to IP rights, with EU trade marks and designs continuing to extend to the UK. […read more]

Other developments

Other interesting developments over the last year relate to competition law considerations in relation to brands and online marketplaces.