Utilization of companies trademarks and industrial designs in the market strengthens activities of selected companies. Authors of the paper analyse the significance of a trademark and industrial ...design for the level of the company's industrial property safety. The threats resulting from the lack of trademark registration were identified and analysed, and selected cases from the case law in the field of trademark protection were reviewed to indicate the scope of protection and safety of products placed on the market.
A registered trademark represents one of a company’s most valuable intellectual assets, acting as a safeguard against possible reputational damage and financial losses resulting from infringements of ...this intellectual property. To be registered, a mark must be unique and distinctive in relation to other trademarks which are already registered. In this paper, we describe the CMAD, an acronym for Conflicting Marks Archive Dataset. This dataset has been meticulously organized into pairs of marks (Number of pairs = 18,355) involved in copyright infringement across word, figurative and mixed marks. Organizations sought to register these marks with the National Institute of Industrial Property (INPI) in Brazil, and had their applications denied after analysis by intellectual property specialists. The robustness of this dataset is ensured by the intrinsic similarity of the conflicting marks, since the decisions were made by INPI specialists. This characteristic provides a reliable basis for the development and testing of tools designed to analyze similarity between marks, thus contributing to the evolution of practices and computer-based solutions in the field of intellectual property.
El decreto 616 de 2006 determina cuales deben ser las características fisicoquímicas que deben contener los productos lácteos en Colombia, sin embargo, no en todas las ocasiones estos parámetros son ...seguidos al pie de la letra, afectando así la calidad final del producto que recibe el consumidor. El objetivo del presente trabajo fue determinar las características fisicoquímicas de cuatro marcas de leche UHT producidas en Boyacá y compararlas con la normatividad nacional. Se evaluaron las características fisicoquímicas de cuatro marcas de leche ultrapasteurizada, producidas y consumidas en la región cundiboyacense, Colombia, a través de la técnica MilkoScanTM MARS, determinando los porcentajes de proteína, grasa, lactosa, solidos totales y solidos no grasos, además del punto de congelación y comparándola con la normatividad nacional vigente. Se realizó un ANDEVA entre cada una de las marcas evaluadas y se encontraron diferencias significativas para una de estas marcas en comparación con las otras tres en las variables en estudio (p<0,05). Se encontró que ninguna de las marcas cumple con los parámetros mínimos estipulados en la normatividad colombiana. Palabras clave: leche, ultrapasteurización, normatividad, características fisicoquímicas, MilkoScan. Decree 616 of 2006 determines what should be the physicochemical characteristics that dairy products must contain in Colombia, however, not all times these parameters are followed to the letter, thus affecting the final quality of the product received by the consumer. The objective of this work was to determine the physicochemical characteristics of four brands of UHT milk produced in Boyacá and compare them with national regulations. The physicochemical characteristics of four trademarks of ultrapasteurized milk, produced and consumed in the Cundiboyacense region, Colombia, were evaluated through the MilkoScanTM MARS technique, determining the percentages of protein, fat, lactose, total solids and non-fatty solids, in addition to the point of freezing and comparing it with the current national regulations. An ANOVA was performed between each trademark evaluated and significant differences were found for one of these trademark in comparison with the other three in the variables under study (p <0.05). It was found that none of the trademark complies with the minimum parameters stipulated in the Colombian regulations. Keywords: milk, ultrapasteurized, normativity, physicochemical characteristics, MilkoScan. Decreto 616 de 2006 determina o que as características físico-químicas que os produtos lácteos devem conter na Colômbia deve ser, no entanto, não em todas as ocasiões estes parâmetros são seguidos para a carta, afetando assim a qualidade final do produto que o consumidor recebe. O objetivo deste trabalho foi determinar as características físico-químicas de quatro marcas de leite UHT produzidas em Boyacá e compará-las com as regulamentações nacionais. As características físico-químicas de quatro marcas de leite ultrapasteurizado, produzidas e consumidas na região de Cundiboyacense, Colômbia, foram avaliadas por meio da técnica MilkoScanTM MARS, determinando as porcentagens de proteínas, gorduras, lactose, sólidos totais, sólidos não gordurosos, e ponto de congelamento e comparando-o com as regulamentações nacionais vigentes. Foi realizada uma ANOVA entre cada marca avaliada e foram encontradas diferenças significativas para uma dessas marcas em relação às outras três nas variáveis estudadas (p<0,05). Nenhuma das marcas foi encontrada para atender aos parâmetros mínimos estipulados nos regulamentos colombianos. Palavras chave: leite, ultrapasteurizado, normatividade, características físico-químicas, MilkoScan.
This paper is intended to study various approaches of legal framework for protection of geographical indications as applied in different countries with the view of ascertaining the strength and ...weakness of each approach in order to recommended the right approach for Tanzania. The main problem which prompted the study is results from flexibility of the system for protection of geographical indications allowed by the WTO Agreement on Trade Related Aspects of Intellectual Property Rights of 1994 The study was centered on the main objective of examining three approaches of protection of geographical indications which trademark system, sue generis system and the unfair competition system.On part of methodology, the study is qualitative in nature and uses mainly secondary date derived by using documentary review of various international legal instruments, reports, legal text books, articles and conference papers based on protection of geographical indications. Data were analyzed by using content analysis in which the researcher sorted data basing on the relevancy of the content on the study objectives of the study. Generally, the findings has revealed that, apparently states protects geographical indications by using trademark laws, sue generis or specific laws and unfair competition system. However, the more comprehensive and effective approach that Tanzania can adopt is the sue generis system because it provided for specific standards for protection of geographical indications which cannot be mixed with trade mark or competition laws.
Interest in ecofood tourism is strictly related to the consumption of products associated with the geographical area visited. Local products are often requested by consumers living far from the ...production zones (e.g. in bistro restaurants that reproduce the atmosphere of typicality). This phenomenon, if on the one hand guaranteeing the continued popularity of certain traditional foods, highlights the inherent dangers that certain types of food pose. They could spread the risks to a much wider area that they might typically inhabit. The higher the demand for certain products, the more variations of the production processes of the traditional products there will be. This is particularly evident for fermented products that do not have trademark protection which allows products made with different technologies and/or raw materials to use the same designation. This paper reports the strengths and the weaknesses of traditional fermented food products, examining the concept of typicality, and evidencing the risks associated with consumption.
•The perceived quality exerts a positive effect on consumer choice.•Process innovations determine added value for many traditional food products.•Raw material, equipment and environmental microorganisms define the typicality.•The safety of traditional fermented foods is strongly influenced by the raw materials.
Using #BlackLivesMatter as a case study, this research documents the tensions and harms associated with trademarking online social movement hashtags. Grounded in the work of critical race theory and ...intellectual property scholars, this study analyzes the inconsistencies in the U.S. Patent and Trademark Office application practice. The contradictions signal a limited or “mis”understanding of the utility of citizen-created hashtags and online social movement slogans. We propose a provisional networked trademark that would grant limited protection to social movements to show that their marks demonstrate the kind of secondary meaning required for a traditional trademark.
The development of effective brand protection strategies requires an understanding of the potential threats that brands face from illegal actions. Trademark squatting of transliterated names ...belonging to well-known celebrities and athletes is perceived by the international business community to be a serious problem in China. Translations are words that have been converted from alphabetic languages into words in character-based languages. As such, the purpose of this study was to examine the phenomena of trademark squatting of foreign athletes' names and whether that phenomena poses a significant threat to foreign athletes due to the appropriation and bad-faith registration of their transliterated names.
A qualitative research approach was employed to detect indicators for both (a) trademark squatting and (b) good faith registrations, which were then applied to trademark registrations for names that matched the transliterations for well-known NBA athletes and the business records for those who registered the marks.
210 registrations (38%) of transliterated names belonging to 55 (57%) of the 96 NBA players included in the study were deemed to include strong indicators of trademark squatting.
The prevalence of trademark squatting in China involving the transliterated names of foreign athletes warrants proactive measures by athletes and those who protect and manage their brands. Athletes who compete in contests that are broadcast within China run the risk of losing the rights to their transliterated names to squatters if transliterations are not developed and registered by the athlete.
The concept of 'substantial identity' has not been the subject of sustained critical inquiry in Australian trade mark law, notwithstanding that it plays a crucial role in relation to trade mark ...ownership, non-use, amendments to representations, and the criminal offences. The first part of this two-part article reveals, through novel doctrinal analysis, how over the course of the twentieth century a settled, strict interpretation of substantial identity took shape in Australian trade mark law. This orthodox interpretation was recently disrupted by the Full Court of the Federal Court in Accor Australia and New Zealand Hospitality Pty Ltd v Liv Pty Ltd and Pham Global Pty Ltd v Insight Clinical Imaging Pty Ltd. In these decisions the Court reinterpreted earlier High Court authority to set up a new, significantly more expansive test of substantial identity - one that is already starting to have a major, and concerning, impact throughout Australia's trade marks system.
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