India's Accession to Madrid Protocol: Pavement for Global Trademark Protection

2013 ◽  
Author(s):  
Deepshikha Sharma
Keyword(s):  
Trademark Protection

scholarly journals What's in a Word? Falsified/Counterfeit/Fake Medicines - The Definitions Debate

2017 ◽  
Vol 1 ◽  
pp. maapoc.0000008 ◽  
Author(s):  
Mike Isles
Keyword(s):  
World Wide ◽  
Criminal Activity ◽  
Access To Medicines ◽  
World Region ◽  
The Public ◽  
Counterfeit Medicine ◽  
The World ◽  
Falsified Medicines ◽  
Trademark Protection ◽  
Exact Size

There is a rising tide of criminal activity to manufacture and distribute falsified, counterfeit, or fake medicines. The exact size of this problem is unknown but estimates vary from US$75 billion to US$200 billion per year, and evidence clearly demonstrates it is on the increase. Depending on the world region, infiltration into the legitimate supply chain versus the illegitimate (e.g., the internet) varies greatly. However, what is certain is that the direction of travel by regulatory agents is to develop supply chains that allow access to medicines via the World Wide Web. Within this context, there has been a long-running debate about how to correctly describe the various forms of medicines that are fraudulently or otherwise manufactured and distributed. This article attempts to describe the evolution of the definitions and recommends that a consensus be formed to describe such medicines that reach the public: • Falsified medicine: This being the term used and defined in the Falsified Medicines Directive and which is primarily concerned with public health. • Counterfeit medicine: This is closely associated and legally defined within intellectual property legislation and concentrates on trademark protection. • Fake medicine: This is the term that best serves to communicate with the public to raise awareness about the phenomenon.

scholarly journals Challenges of Transnational Trademark Law Practice: The Case of Nigerian Companies’ Brands in OAPI States

2015 ◽  
Vol 45 (1) ◽  
pp. 321-347
Author(s):  
Caroline Joëlle Nwabueze
Keyword(s):  
Intellectual Property ◽  
Legal Status ◽  
Physical Property ◽  
The European Union ◽  
African Region ◽  
Industrial Growth ◽  
Business Decision ◽  
Goods And Services ◽  
Economic Support ◽  
Trademark Protection

Nigeria industrial growth has turned the country into an indispensable economic support for its neighbours. Only for the case of Cameroon, Nigeria has been the leading supplier with respectively 22% and 17.8% of imports in 2011 and 2012 with trade amounting to 328 billion FCFA per annum. This results in part from Nigerian companies’ exportations in local markets. Nigerian trademarks related to cosmetics, furniture, electronics, and pharmaceutical goods abound in neighbouring countries. However, a strengthening of Nigerian companies in regional markets encompasses strategies to avoid infringing on the trademark rights. Such strategies should include the consideration of special trademarks features by different institutions of the intellectual property (IP) system in the relevant neighbour export markets. This is by the mere fact that the legal status of those goods, although physical property, relies mainly on the material law applicable, which is trademark in the present case. Because the principle of territoriality requires that trademark protection be sought in the place where the goods are sold—and trademark applications filed in each country in which protection is sought—, Nigerian companies planning to outsource some business activity in neighbour markets will seek compliance with trademarks norms applicable in the Organisation africaine de la propriété intellectuelle (OAPI) of which those countries—Benin, Cameroon, Chad, and Guinea—are part. The trade partnership between companies from a common law trademark background on one hand, and civil law intellectual property community on the other, inevitably raises some frictions and trademarks issues. This article analyses the trademark challenges arising from Nigerian companies’ business decision to enter OAPI markets and export goods and services. The article firstly underlines the issues to be taken into consideration, including registration and enforcement of the companies’ marks in OAPI. Then the paper simultaneously reviews the dissimilarities issues between the Nigerian Trademark Act and the OAPI Trademark System to which the Nigerian companies are confronted. If trademark protection makes it easier for an enterprise to access transnational markets, the establishment of a Trademark Community with neighbouring countries helps for sure national industries to establish partnerships with other firms for sustainable development in the areas such as production, marketing, distribution or delivery of goods and services. In light of the trademark harmonisation in the European Union internal market, the present paper concludes by recommending the creation of a Trademark Community in the West and Central African region between Nigeria and its neighbouring countries.

scholarly journals Role of trademarks in consumer protection

2003 ◽  
Vol 75 (9-10) ◽  
pp. 281-285
Author(s):  
Đerđ Čeči
Keyword(s):  
Market Economy ◽  
Consumer Protection ◽  
Legal System ◽  
Geographic Origin ◽  
Goods And Services ◽  
Trademark Protection ◽  
Product Responsibility

The author analyses in this work development of Hungarian legislature related to trademarks belonging to the period of time between late seventies and present day. He points out that since the reform of legal system and transition to market economy numerous statutes have been passed in order to harmonize civil legislation dealing with consumer protection with the demands of market economy. Some of those statutes have been Law on Product Responsibility (1995), Law on Prohibition of Distorted Competition on Market (1990). Trademarks have been regulated by the XI Statute of 1977. This Statute contains numerous and usual notions related to consumer protection. Some of those notions have effect of an absolute or unconditional exclusion from the trademark protection, especially if they may be misleading for consumers in respect of kind. quality, geographic origin or other features of goods and services.

Allegro without Vivaldi: Trademark Protection, Freedom of Speech, and Constitutional Balancing

2012 ◽  
Vol 8 (3) ◽  
pp. 456-492
Author(s):  
Wojciech Sadurski
Keyword(s):  
United States ◽  
Freedom Of Expression ◽  
United States Supreme Court ◽  
Freedom Of Speech ◽  
Case Law ◽  
European Convention ◽  
United States Supreme ◽  
Competing Values ◽  
Categorical Approach ◽  
Trademark Protection

Allegro – Trademark protection – Freedom of speech vs. intellectual property – Polish Constitution – European Convention on Human Rights – Balancing of competing values – Constitutionally permissible limits on freedom of expression – Comparison with case-law of United States Supreme Court – ‘Categorical’ approach vs. ‘balancing’ approach

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