Issue 071

	November 2016 Contents:
	MARQUES Chair Uwe Over – a video interview	>
	IR challenges addressed at MARQUES seminars	>
	What you need to know about the Enforcement Database	>
	Scale of pharmaceutical counterfeiting	>
	Brazil set to join Madrid Protocol	>
	Update from WIPO on Nice Classification	>
	Trade marks in Africa – an update	>
	The pluses and minuses of licensing your brand	>
	Luxury Brand Symposium and other events	>
	MARQUES Media Roundup	>

Disclaimer:
The views expressed by contributors to this newsletter are their own and do not necessarily reflect the policy and/or opinions of MARQUES and/or its membership. Information is published only as a guide and not as a comprehensive authority on any of the subjects covered. While every effort has been made to ensure the information given is accurate and not misleading neither MARQUES nor the contributors can accept any responsibility for any loss or liability perceived to have arisen from the use or application of any such information or for errors and omissions. Readers are strongly advised to follow up articles of interest with quoted sources and specialist advisors.

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MARQUES Chair Uwe Over – a video interview
MARQUES Chair Uwe Over took a few minutes during the Annual Conference in Villaitana to discuss MARQUES activities and achievements, reflect on his term as chair, and comment on IP trends and hot issues
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IR challenges addressed at MARQUES seminars
MARQUES hosted three seminars on International Registrations and US designations last month, featuring presentations from WIPO and the USPTO as well as local trade mark specialists
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What you need to know about the Enforcement Database
In the workshop that took place on 22^nd September during the MARQUES Annual Conference in Alicante, Blanca Arteche, Heike Schulz and Miguel Fayos gave attendees their points of view regarding the Enforcement Database (EDB) platform. Sonia Santos reports
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Scale of pharmaceutical counterfeiting
An Observatory report estimates €10.2 billion in lost revenue each year across the EU due to counterfeit pharmaceuticals. MARQUES Anti-Counterfeiting and Parallel Trade Team reports
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Brazil set to join Madrid Protocol		Update from WIPO on Nice Classification
The Brazilian government has made a commitment that the country will join the international trade mark system by mid-2018		The Committee of Experts has approved the 11th Edition of Nice Classification, which will come into effect on 1st January 2017
Read More >>		Read More >>
Trade marks in Africa – an update
A new paper by the International Trade Mark Law & Practice Team, available on the MARQUES website, provides a guide to trade marks across Africa. Mariëtte du Plessis and Stephen Hollis introduce the key points. (Click on the map to see a larger version.)
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The pluses and minuses of licensing your brand
In the second in a series of articles discussing various aspects of licensing brands, members of the MARQUES IAM Team discuss the disadvantages of brand exploitation through licensing and what a brand licensor should always consider before venturing on a licence journey
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Luxury Brand Symposium and other events		MARQUES Media Roundup
MARQUES will host its second Luxury Brand Symposium in Hong Kong on 16^th and 17^th March 2017		Do you read MARQUES blogs and social media? If not, this is some of what you have missed!
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Half-price! Likelihood of confusion between two On 18 October 2016, the Finnish Supreme Administrative Court gave its ruling on the likelihood of confusion between two figurative trade marks both entailing indication of half-price (in Finnish "½ hintaan"). Veljekset Halonen Oy, a Finnish clothing wholesale company, had in 2010 obtained registration (No. 251764) for a figurative trade mark (text: "½ price days") for clothing, shoes and headgear in class 25. Read more on Class 46: http://marques.org/class46/Default.asp?XID=BHA4455 May I have a CAFFE NERO in General Court? In cases T-37/10 and T-29/16 the applicant Caffe Nero Group Ltd filed EUTM's for goods in Class 30 including 'tea, coffee, cocoa; biscuits; cookies; bread, pastry and confectionery, chocolate bars, chocolate covered coffee beans, etc' and related retails services in Class 35. Read more on Class 46: http://marques.org/class46/Default.asp?XID=BHA4452 Rubik’s Cube trade mark News that the Court of Justice of the European Union has finally rejected the registrability of what is effectively the Rubik's Cube has been met with relief outside the IP community (which is still reading the small-print of the judgment). The Rubik's Cube thus joins the Lego brick as an iconic toy that has failed to match the criteria for valid registration. Are these two cases on a par with one another, or can they be distinguished in legal and commercial terms? Do tell us what you think! Join the discussion on Facebook: https://www.facebook.com/marques.ip "Reasonable compensation": a reasonable ruling? In Case C-280/15 Irina Nikolajeva v Multi Project OU, the CJEU ruled, among other things, that "reasonable compensation" for infringing an EUTM between the dates of publication of the application and grant refers only to the recovery of a third party's profits. Is this ruling too restrictive, given that such third party use could damage the mark to the point at which, by the time it was registered, its commercial value had been serious damaged or utterly destroyed? Share your comments on LinkedIn: https://www.linkedin.com/groups/1838945 You can also follow MARQUES on Twitter: https://twitter.com/marquesip

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