Shape up your mark: the intricacies of protecting the appearance of a product as a trademark

Is your product different? Does it have a unique shape that sets it apart from competitors? If so, perhaps you want to think about protecting that particular shape as a trademark. It is an effective strategy for companies that want to stand out in a saturated market. Although the procedure to register a product’s shape […]

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Russia takes over Champagne and Cognac: Has intellectual property become a geopolitical battlefield?

New Russian legislation on geographical indications forces importers of Champagne to relabel their products as “sparkling wine”. Few people are aware that the growing confrontation between Russia and the West actually started in connection with intellectual property back in July 2021. It was on that date that two amendments were made to the Federal Law […]

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Tradition has no shape: the protection of a design does not depend on the type of product in which it is incorporated

Simply applying the typical pattern of a “cachirulo” (traditional Aragonese bandana) on a different item of clothing does not confer individual character on the design Albeit still toned down due to the restrictions of the pandemic, the recent celebration of the festival of the Virgin of Pilar has given the inhabitants of Zaragoza the chance […]

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‘Made in China’ goes standard: a reform of the industrial design protection system is bringing the Asian giant into line with international norms

China has taken a further step towards aligning its regulations with the international protection system for designs. On June 1, 2021, the most recent reform of the country’s Patent Act entered into force, which includes significant changes to how industrial designs are regulated. The legal text, dating from 1985, has been reformed on three previous occasions […]

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The EU reaches a strategic agreement to protect European geographical indications in China

Several designations of origin for Spanish wine, oil and cheese will be protected from imitations in China – a market which is becoming ever more essential for Spanish companies. What do Champagne, Roquefort, Porto, Parma, La Rioja and La Mancha have in common? They are all examples of names that are commonly associated with agricultural […]

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‘Squeezamals’ case: At long last the CJEU will have to interpret the meaning of ‘disclosure’ of an unregistered design 

The CJEU is due to answer a long-standing debate in connection with unregistered designs: What happens when the disclosure occurs outside the European Union? Does this prevent protection of the design because it lacks novelty? The protection of unregistered Community designs (UCD) in the European Union is a very useful industrial property right which is […]

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