Philippines Marks Higher Score in International Intellectual Property Index

With the implementation of new anti-counterfeiting and piracy measures, the Philippines has improved its score by around 4 percent in the United States Chamber of Commerce’s (USCC) 2020 International Intellectual Property Index.

Ranking 37th out of total 53 economies, the Philippines scored 39.94% in 2020 index in comparison to its 36% score in 2019. Reports showed that the key strength of the Philippines is in the IP framework that includes:

  • Amendments to the IP code to strengthen criminal sanctions
  • The fast-tracking procedure for Trademark Registration
  • Intellectual Property Rights (IPRs) given in legislation
  • Incentives for research and development (R&D)
  • Growing specialization
  • Capacity Building.

On the other side, gaps in life sciences and content-related IPRs, online and software piracy, and barriers for licensing technology are reported as some of the weaknesses of the Philippines.

Abbreviated as IPOPHL, the Intellectual Property Office of the Philippines said that considering three additional economies in the index, Philippine standing reached 70% to the top, from 74% in the previous year.

IPOPHL officer-in-charge, Director General Teodoro Pascua, said that they welcome the verdicts of USCC-GIPC (Global Innovation Policy Center). They are happy and thankful for its positive and careful observation of the progress of their nation’s IPRs environment, especially on enforcement entrenched in IPOPHL’s effort to protect creativity and innovation.

Considering the Philippine Online Infringing Act, the USCC-GIPC is expecting that the Philippines would score higher in the 2021’s report. Under this Act, IPOPHL will be allowed to order the cancellation of an internet service provider’s operating license if it fails to remove the infringing content within ten days of notification.

IPOPHL added that these kinds of positive steps would lead to an increase in scores on relevant indicators, which will then make the index to monitor the developments in 2020 and upcoming years.

Mr. Pascua then added that 2020 would be an interesting year for IPRs Enforcement Office (IEO) and IPOPHL’s enforcement team who will be ironing out enforcement suggestions and guidelines to keep up with modern business models. He also said that IEO had identified some critical players in the supply chain of false trade with whom they believe they should engage. They desire to motivate them to set up their mechanisms to prevent counterfeiters, including those who are contributing to counterfeit trade by utilizing their channels for criminal operations, Pascua ended.  For more visit: https://www.trademarkmaldives.com

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Google Files Trademark Application for Pigweed – A new Operating System

Over the years, Google has been developing its fair share of operating systems, including Android, Chrome OS, and Fuchsia. And now, according to a new Trademark Application filed by Google, it appears that the search giant may be working on increasing the share by adding another operating system (OS) codenamed Pigweed.

Although the search giant has filed the trademark application with the United States Patent and Trademark Office (USPTO) for the Pigweed OS recently, this isn’t the first time when the world heard of Pigweed with Google.

Pigweed was first found in a code from Google while developing Fuchsia OS. It happened due to a code change for Fuchsia, where the developers mentioned ‘pigweed,’ but that was changed to ‘Fuchsia.’ From this, it can be estimated that Google’s Pigweed and Fuchsia are possibly related. However, as nothing much has been revealed about Pigweed, the two operating systems could be different as well.

Pigweed’s appearance was also spotted in the Google Chromium code repository, where ‘pigweed’ was mentioned in a code associated with ‘Monorail,’ an issue tracker used by the search giant for Chrome and other projects.

These are the two known incidents showing the appearance of Google’s Pigweed in the past. Nevertheless, as per the latest trademark application, Pigweed is a ‘computer operating system.’ For now, this’s what the world knows about Google’s Pigweed. In other words, there isn’t anything else other than this information regarding Pigweed for now. Moreover, there’s no word on ‘will Google make Pigweed official.’ It is also not clear if Pigweed would be a new OS for smartphones in addition to computers. Hence, until Google decides to reveal more regarding Pigweed, no one can figure out what purpose the OS will actually serve.

Another big question is, ‘when can the public expect Google to take the wraps off of Pigweed?’ Well, there’s no easy way to guess the answer to this question also. For instance, the term ‘Android’ was trademarked just five days prior to the OS was first exposed in 2007. Conversely, the name ‘Chromebook’ wasn’t trademarked for months even after the first Chromebook began shipping in 2011. Furthermore, the word ‘Fuchsia’ has been trademarked for around two years now without being officially unveiled. Fuchsia OS, on which the search giant has been working for over twenty-four months now, is expected to replace Android, the most famous and widely used OS for smartphones. Although Google hasn’t confirmed if Fuchsia would be the next Android or Chrome OS, it already started testing Fuchsia OS on smartphones. Nonetheless, the search giant is expected to provide more concrete information with respect to Fuchsia OS and the new Pigweed OS altogether later this year. For more visit: https://www.trademarkmaldives.com

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Cypriot Cheese Producers Re-secure Trademark Protection for ‘Halloumi’

Cypriot farmers have recently won back the exclusive right to sell their cheese products as ‘Halloumi’ in the UK after re-securing the trademark it lost in 2018.

Participating on the part of these farmers, the Cypriot ministry first obtained Trademark Protection for ‘Halloumi’ from the UK Intellectual Property Office in 1990. However, in association with a legal challenge brought by the UK-based cheese producers, the trademark had been revoked in the year 2018. The verdict was a result of an administrative error as the Cypriot ministry failed to respond to the legal requests within the asked time frame. Nevertheless, now the ministry has secured the protection again.

According to a Patent and Trademark Attorney, this significant win for the Cypriot farmers means that they have regained an exclusive right to use the mark ‘Halloumi’ while selling their cheese product in the UK. Because of the growing market for this product in the UK, this is expected to prove profitable for them. However, the farmers are unlikely to limit themselves there. They have already filed a Trademark Application for achieving ‘protected food name’ status to the European Commission, and if successful, their application would bring permanent protection. But as it’s likely to take some time, trademark protection in the UK will be beneficial to them in the meantime.

The attorney said that the food and drink producers in the UK might not be aware that they are allowed to apply for ‘protected food name’ status to secure protection for products with unique characteristics that can be linked to a specific geographical location or specified product. The attorney continued that this Trademark Registration certification would affect those who are producing cheese products. It is so because they could not label the product as ‘Halloumi’ unless it meets the certification mark requirements. Hence, restaurants should take care of not to define something as ‘Halloumi’ wrongly.

The attorney further added that if there’s no food name protection in place, and the misuse isn’t spotted as soon as possible, the use of the name or product could become generic. As a consequence, it would lose its eligibility for protected status. For example – ‘Cheddar’ is a name that has now become generic, and thus, no longer capable of obtaining such protection.

The Protected Food Name scheme, which was established by the UK government in 1993, is helpful for producers who want to use a geographical place name as part of their product’s brand identity for preventing others from marketing their items under the same name.

Since a large number of products have achieved the ‘protected food name’ status, there is no reason why Halloumi producers should not look for the same. Still, the application by these producers has been affected by many delays. Nonetheless, now it has gained the approval, meaning that the producers have re-secured ‘Halloumi’ trademark protection in the UK. ✅ For more visit: https://www.trademarkmaldives.com

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Greta Thunberg Files Trademark Application to Register Her Name and Movement

Teen climate activist Greta Thunberg has recently revealed that she has filed a Trademark Application to register her name and that of the international school strike movement.

In an Instagram post, the 17-year-old Swede, i.e., Thunberg wrote that she and the other school strikers (her fellow activists) have absolutely no interest in trademarks, but unfortunately, it needs to be done. She said that applying for trademarks is an action she is taking to protect the misuse of her name and that of the movement, which has gone global and catapulted her to international fame. ‘Fridays for Future’ is a global movement founded by her and belongs to everyone taking part in it beyond all the young people. Hence, it can and must not be used for individual or commercial purposes.

She added that the Trademark Protection is essentially needed as her name and the movement’s one are continually being used for commercial purposes without any consent whatsoever. For instance, people, while marketing or selling products, often collect money in her and the movement’s name.

Registering trademarks is also needed to receive assistance in taking legal action against people or companies attempting to use her and the name of ‘Fridays for Future’ movement for purposes, which aren’t in line with the movement’s values, she added.

According to the social media post by the famous activist, the recently filed application covers appeal for Trademark Registration of her name, the ‘Fridays for Future’ movement’s name, and ‘Skolstrejk för klimate’ (which means “School strike for the climate” in Swedish), the slogan on a sign or placard that she held during her weekly solo climate protests outside the parliament of Sweden in 2018, which inspired similar protests by other activists or young people.

Greta Thunberg, who actively took center stage at the Global Economic Forum in Davos this month, and her fellow young activists or strikers in the movement want the politicians to listen to climate scientists. Besides, they want politicians to take appropriate action to curb global warming.

The applicant also said that she, along with her family members, is setting up a non-profit foundation for handling money from things such as book royalties, donations, and prizes. At last, she said that the foundation would aim to promote climatic, social, and ecological sustainability, and also mental health. For more visit: https://www.trademarkmaldives.com

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Amendments Made to Canadian Trademark Law on 17th June 2019

Countries, no matter whether to strengthen the existing trademark protection or to include additional rules, often bring changes in their trademark laws. Almost all of us know how crucial role the trademark law plays in the protection of Intellectual Property (IP) assets. By providing relevant and robust trademark rights, it helps the owners in not just preventing unauthorized users from using their unique creation but also creating goodwill among customers. However, to obtain expected results, it is crucial to stay up-to-date with the reforms made in such laws and their corresponding rights. Here, in this article, you’ll be going to get updated with the recent changes in the Trademark Law of Canada.

  1. Availability of Madrid Applications

Canadian applicants from now would be able to file the Trademark Applications in over eighty (80) countries worldwide just through a single international filing. With this new opportunity, it will be easy for Canadian applicants to manage their international trademark portfolios.

Similarly, applicants from the Madrid Protocol nations will be able to designate Canada in not just their International Trademark Applications but also existing Madrid registrations. Moreover, the incoming protocol applications would charge similar to the national applications – as per the Canadian Intellectual Property Office (CIPO).

  1. Increase in Filing and Renewal Fees

Filing Fees

Previously, CIPO tends to charge a fee of $250 for filing a trademark application encompassing any number of classes of products and services, along with $200 as the trademark registration fee. Nevertheless, to apply for a trademark after June 17, the applicant has to pay the filing fee of 330 CAD for the first class of products or services, along with 100 CAD for each additional class of products or services. For all these applications, the trademark registration fee is eliminated.

Renewal Fees

The renewal fee has been increased to 400 CAD from 350 CAD for the first class of products and services with an additional 125 CAD charges for each new class of products and services.

  1. Declarations of Use Is No Longer Required

After 17th June, Declarations of Use is no longer required for Trademark Registration in Canada. Note that this change applies to not just applications filed after June 17 but also applications pending as of this date. It means that all the applications filed before June 17, 2019, can proceed to trademark registration in Canada (once the opposition period expires) simply with payment of registration fee, without filing the Declaration of Use.

  1. Information Regarding Use Is No Longer Needed

Applicants filed the trademark applications on or after 17th June need not indicate whether he/she has previously used the trademark in Canada or abroad. In other words, the applications filed on or after this date are applicable to get approved even if they do not tell whether the concerned applicant has registered and used the Trademark in Canada or foreign countries.

  1. Nice Classification Appears Mandatory

As per June 17th amendments, all the new applications must be filed with Nice classifications. Moreover, the pending applications that have not yet advertised for objection/opposition purposes must be classified. Note that for unclassified registrations, the CIPO will request the Nice classification upon renewal.

Although this requirement of the Nice classification is expected to bring Canada more in line with the international norms, it does not mean that CIPO will become lenient in its practice of reviewing goods and services descriptions. All the goods and services must still be adequately specified under stringent standards set by CIPO.

Are You Getting Ready for Trademark Registration under Amended Law?

In the days after the reforms came into force, you as an owner, who’s looking for trademark registration in Canada should emphasize taking immediate steps, based on appropriate and up-to-date information. It will help you in saving costs in processes like filing multi-class applications, renewing multi-class registrations, etc. Besides, you must also think about streamlining your portfolio management. You should focus on using the Madrid international filing system and filing applications for non-traditional and international trademarks. For more visit: https://www.trademarkmaldives.com

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Europe’s Top Court Adviser Says Amazon Must Check for Trademark Infringements

An adviser to Europe’s top court has recently said that Amazon, the US online retail giant is not liable for unconsciously stocking products causing Trademark Infringement for third-party sellers, but should be careful in checking whether the products are legal or not.

The adviser gave his opinion on a case pitting Amazon against the US cosmetics firm Coty. The dispute reflects one of the many battles amid online platforms like Amazon, eBay, etc., fighting against online business barriers and luxury products firms seeking to preserve their branding and exclusivity. The opinion from Manuel Campos Sanchez-Bordona, the advocate general at the Court of Justice of the European Union (CJEU), came in response to a case concerning Coty’s German subsidiary. It is the subsidiary that took Amazon to a German court for stocking its Davidoff perfume for third-party sellers.

Coty said that such practices infringe on its trademark rights, and Amazon should be responsible for stocking trademark infringing products.

Campos Sanchez-Bordona said that the companies, which are unaware of trademark infringements, cannot be held liable for storing such products for third-party sellers. He also raises the question of the online platforms’ responsibility for the content transmitted or products sold on their sites. He even said that if the firms actively participate in disseminating the products and operate schemes like Amazon’s, then they must show diligence in checking the legality of products advertised or sold on their platforms.

Amazon’s Scheme

The US online retail giant under its scheme known as “Fulfilled by Amazon” stores and delivers products for third-party sellers and this is one of the main features of its whole business model.

Campos Sanchez-Bordona continued by saying that the companies should be aware that they cannot absolve themselves of responsibility. They must understand that without this control, their platforms can serve as a channel for advertisement and sale of counterfeit, stolen, illegal, or unethical products.

Amazon, in regards to this, said that it made efforts to combat fake products on its platform. The company added that they continuously invest heavily in battling against bad actors and are committed to turning counterfeits to zero on their platform. Moreover, courts have ruled in their favor in the first two instances of this action, and they are now expecting preliminary legal clarification from the CJEU.

Nonetheless, Coty did not immediately respond to the request, but the Luxembourg-based court, which looks in the majority of cases related to such non-binding recommendations, would normally provide a verdict in the next two to four months. For more visit: https://www.trademarkmaldives.com

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