Issue 087
  March 2018
Contents:
 

Teams provide update on work at Spring Meeting

>  
 

Joint Statement on Brexit

>  
 

Hague Agreement seminar in Copenhagen

>  
 

Latest news from the MARQUES ACPT Team

>  
 

News from Alicante

>  
 

WIPO shares 2017 statistics

>  
 

No more faxes at Madrid Registry

>  
 

Hague System updates

>  
 

Beijing AIC targets trade mark infringement

>  
 

Upcoming 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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Teams provide update on work at Spring Meeting

 

More than 150 people attended the annual Spring Team Meeting, held this year at the Gran Hotel Miramar in Malaga, Spain from 8 to 9 March

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Joint Statement on Brexit

 

 

MARQUES – along with AIM, APRAM, BMM, CITMA, ECTA and INTA – has sent a Joint Statement to the EU Commission’s Brexit team regarding the negotiations concerning the exit of the UK particularly with regard to trade marks and designs

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Hague Agreement seminar in Copenhagen

 

 

The latest in the MARQUES series of events “Mastering the Hague Agreement”, organised in collaboration with WIPO, was presented in Copenhagen on 15 March

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Latest news from the MARQUES ACPT Team

 

Petra Herkul of DSM became chair of the MARQUES Anti-Counterfeiting and Parallel Trade Team in March, succeeding Diana Versteeg of AkzoNobel. She spoke to HouseMARQUES about the Team’s current activities and plans, in particular its engagement with the EU Observatory

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News from Alicante

 

MARQUES members may be interested in these updates from EUIPO in Alicante

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WIPO shares 2017 statistics

 

 

 

 

According to information published by WIPO on 21 March, there were 56,200 trade mark applications via the Madrid System last year, an increase of 5% on 2016. The Organization has also published details of UDRP cases heard during 2017

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No more faxes at Madrid Registry

 

Hague System updates

Effective from 1 April, the Madrid Registry will no longer process documents and requests received by fax

 

The UK is joining the Hague System. Plus: get an access code for e-filing

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Beijing AIC targets trade mark infringement

According to China Industry & Commerce News, in the first quarter of 2018, Beijing Administration for Industry and Commerce (Beijing AIC) and its sub-AICs carried out a campaign, which lasted for one month, targeted at trade mark infringement. Teresa Yuan Tian reports


Remarkably, on the first day of the campaign, the AIC officials detained 31,587 counterfeit goods with a value of RMB10,060,000 (about US$1.67 million). The campaign indicates that the AIC raid action, as one of the main legal actions against trade mark infringement under China the Trademark Law, can more efficiently bring an end to trade mark infringement.

In January 2018, more than 100 officials from Beijing AIC and its sub-AICs took part in the campaign. Working simultaneously, these AIC officials inspected stores, shops and warehouses in Beijing to uncover any trade mark infringement.

On the first day of the campaign, the AIC officials inspected the sellers of ASICS running shoes in different districts of Beijing. 60 retail sellers, who sold counterfeit ASICS shoes, were found. It is noteworthy that on the same day, the AIC officials took raid actions against counterfeits on the spot, requested these retail sellers to remove the counterfeits from the shelves, and detained the counterfeits.

According to the prevailing Trademark Law, the trade mark owner may seek both a civil remedy and an administrative remedy against trade mark infringement. The AIC raid action, i.e. the administrative remedy, relying on governmental authority, can bring a stop to infringement in a timely manner. The mentioned AIC actions against counterfeit ASICS running shoes, detaining counterfeits from a total of 60 retail sellers in one day, show how efficiently the AIC performs.

After the raid action, the AIC will make a decision, confirming the infringement and imposing a fine upon the infringer. The decision is helpful to be drawn on as evidence in following civil litigation, not only to prove the trade mark infringement, but also to support the claims on monetary damages because in an AIC decision, the quantity of detained counterfeits and the value thereof would be clearly stated.

 

 

This article was written by Teresa Yuan Tian, Lee and Li - Leaven IPR Agency Ltd., Beijing, China and submitted by Julia Zhong, Chair of the MARQUES China Team

 

 

Upcoming events

 

MARQUES Media Roundup

The deadline for registration for the EUIPO Case Law Conference has been extended to 13 April. Plus: details of planned MARQUES events

 

 

The MARQUES blogs are packed with the latest news and analysis on case law, legislative developments and other news relating to trade marks and designs

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