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A welcome return to the world of trademarks in Somalia
Matthew Costard of Spoor & Fisher welcomes the news that trademark registration is possible, once again, in Somalia Sponsored by April 19 2021
For many years it was not possible to register trademarks in Somalia, an east African state with a population of roughly 16 million. This was a consequence of a brutal civil war that started in 1991 and continued for many years. The best that international brand owners could do was publish cautionary notices in Somalian newspapers.
Things have, however, been changing for some time. In December 2019, it was announced that the Registry, the Somali Intellectual Property Office (SIPO), had re-opened. The pre-1991 legislation is again recognised, although we understand that new IP legislation (with transitional provisions that will recognise existing rights) is in the pipeline. The pre-1991 legislation is the Trade Mark Law No. 3
Friday, April 16, 2021
This is the third guest post in a 4-part series regarding Chinese well-known trademarks by Yan Zhang, Feifei Bian & Austin Chang of Beijing East IP. The first part is available here and the second here.
In Part II of this series, we shared our representative cases on how to apply the concept of anti-dilution for the protection of a well-known trademark in administrative trademark litigations. In Part III, we selected our representative cases to further illustrate how the courts apply well-known mark recognition and extend the scope of protection for a well-known mark.
1. RITZ-CARLTON v. “LI SI KA ER DUN in Chinese”
Published: April 14, 2021
Anna Mae Koo Vivien Chan & Co. Beijing, China INTA Bulletins Asia Pacific Subcommittee
The Civil Code of the People’s Republic of China came into effect on January 1, 2021. Among its approximately 50 new articles relating to intellectual property (IP), one significant impact is the introduction of punitive damages in a broadened scope of IP infringement cases involving “intentional” and “serious” infringements. Here’s a look at what to expect, based on analysis of existing guidelines and past cases.
Punitive Damages for All IP Infringement
Prior to the introduction of the Civil Code, punitive damages were available only with respect to “bad faith” and “serious” tr
[co-author: Stefaan Meuwissen]
The new Interpretation provides flesh to the bare bones of the provisions on punitive damages contained in China’s specific IP laws, which largely omit details on their specific application. The Interpretation clarifies particularly when the conditions for punitive damages, i.e. serious and intentional infringement, will be considered to be met; the basis on which the courts should calculate punitive damages; as well as guidelines for the specific amount at which punitive damages may be set by the courts. The Interpretation will doubtlessly have a profound impact on China’s IP practice, and the clarification it brings will encourage IP owners to make increasing use of punitive damages in China.