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BREXIT - Great Britain left the EU. The impact on the intellectual rights

 

How will Brexit affect my files?


Brexit came into effect on 31 January 2020, meaning that the United Kingdom is no longer a member of the European Union. As we explained at the time, a transition period was established that will end on 31 December 2020. During this period, and according to the Withdrawal Agreement, EU law is still applicable in the United Kingdom. This extends to the EU Trademark and Community Designs Regulations, as well as their implementation instruments. Therefore, nothing has changed during this period.


However, after 1 January 2021, and once this transition period is over, the United Kingdom will apply its own legislation and EU law will no longer be valid in this State. This is why we would like to inform you of the main aspects you must take into account.

The Intellectual Property Court: the Russian Patent Office is not entitled to compare a trademark and a company name of another person on its own initiative

The Intellectual Property Court (IPC) published a Review of the practice of applying certain grounds for refusal of state registration of a trademark (clauses 2, 4, 5, 8 and 9 of article 1483 of the civil code of the Russian Federation), approved by the IPC Presidium decree No. SP - 21/4 dated February 20, 2020.

 

Earlier, before the Review, the practice of applying the certain clauses of article 1483 of the Civil Code of the Russian Federation consisted of several resolutions of the Plenums of the Supreme Court and the Supreme Arbitration Court of the Russian Federation, as well as a very large array of disparate judicial acts adopted even before the appearance of the IPC. Now there is a single generalized document that addresses ambiguous and controversial issues of the application of this article. 

What is the difference between appellation of origin and geographical indication of goods in Russia?

In Russia it is coming soon to appear a new intellectual property object – geographical indication.


The principal difference is that appellation of origin implies more strict registration and usage conditions than the geographical indication which is going to be introduced.


Mitigation of usage conditions of geographical indications will stimulate the economics development, formation of tourist attractiveness and positioning of regions.

Trademarks Infringement - world judicial practice

International trademark infringement cases commonly result from the use of linguistically or phonetically similar words or phrases in another language. However in some cases they result from companies specifically copying profitable and well-known brands to increase their business.

“Borrowing” the branding of another company can bring financial gain and increased exposure to a lesser-known, local company. However, positioning a company to profit off of the branding of another does not come without repercussions. That being said, some companies will still try to get away with it.

A trademark is not just a word or a picture

A trademark is a designation that distinguishes products and/or services of one company from those of competitors, emphasizes products in the market and makes them recognizable among other similar products.


However, a trademark may be not only wordy (slogan, phrase, title of a film/book) and graphic (picture, illustration) or a combination thereof. Trademark is a very peculiar means of individualization. In commerce along with visually perceived designations it is broadly used other trademarks that cannot always be perceptible but have the ability to make goods and services distinguishable. If skilful approach to creation of a trademark is used, customers will memorize you!

In most jurisdictions of the world, including Russia, there are no restrictions on the created image of a trademark. It could be any. The key factor is that it is unique and has a distinctive ability.

So, what else may be a trademark?

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