IPHQ: Brand protection - stopping counterfeiting in its tracks

In order to thrive in any market, it is vital that a brand is equipped with a brand protection strategy, a suit of armor against any potential brand infringements. The best brand protection strategies, no matter the industry, utilise an anti-counterfeiting program.?

When you think of counterfeit goods, your mind may conjure the image of a variety of slightly suspicious looking luxury fashion items (a pair of “Dadidas” shoes, for example). But counterfeiters manufacture fake goods from a large number of industries.??

“If a brand owner is profiting from the commercial sale of the genuine article, chances are its goods will draw the attention of counterfeiters.”?

So, how can you stop counterfeiters in their tracks? Smart & Biggar Principal Graham A. Hood outlines the top ten considerations for creating an effective anti-counterfeiting program. Here, he covers the best anti-counterfeiting tips, from knowing when to pick your battles, to collaborating with other brand owners. Read the article now on the Smart & Biggar website.??

The non-alcoholic beer market is booming, and brewers are fighting tooth and nail to protect their brands in this space. Spruson & Ferguson Principal Brendan Nugent , Patent Attorney James Beckett and Patent Information Professional Frazer McLennan dive into the IP of zero-alcohol beer, and hot tips for protecting brands in this market.??

Almost all businesses have some form of privacy policy in places to explain to customers how the business collects, handles and shares personal information. AJ Park Senior Associate Blake Carey shares some of the common pitfalls of implementing a privacy policy.??

The terms of a license agreement generally refer to the period of rights granted to the licensee for the use of licensed IP. For trade mark licenses, it is important that parties consider any change in commercial and business circumstances, and include mechanisms to address these changes. Spruson & Ferguson Principal Sylvie Tso and Senior Associate Jarrod Lichtblau examine court cases that serve as a reminder to consider trade mark licenses and their consequences.??

Australia?

Recently, changes have been made to unfair contract terms under Australian Consumer Law. Spruson & Ferguson Principal Michael Deacon and Senior Associate Nadine Martino unpack these changes, and what they mean for Australian businesses.??

Canada?

Recently the Canadian Trademarks Office announced that extensions of time available in Oppositions and no-use cancellation proceedings will be significantly reduced. Smart & Biggar Principal Philip Lapin and Articling Student Pelle Berends outline what this means.??

China?

The Apostille Convention is now in effect in China, meaning that public documents with an apostille certificate will be accepted by Chinese courts without the need for further legalisation. Spruson & Ferguson Head of Patent Procedures in Beijing, Sara Gao and Head of Patents - China, 王思琪 detail the changes.??

Europe?

From 1 November, the way of calculating deadlines set by letters from the European Patent Office is changing. Spruson & Ferguson Senior Associate Serena White and Principal Charles Tansey outline these changes, and how to navigate them.??

India?

The Delhi High Court has made changes to its requirements for the filing of divisional patent applications. Spruson & Ferguson Principal Maik Brinkmann and Patent Scientist Ziyin Han Ph.D. unpack the relaxed requirements.??

New Zealand?

The Intellectual Property Office of New Zealand has published updated guidelines for trade mark practice in New Zealand, which contain directions on the classification of NFTs, virtual goods and virtual services. AJ Park Senior Associate Ben Williams and Principal Penelope (Penny) Coles Catley take a look at these new guidelines.??

In New Zealand, the scope for making amendments made after a patent application is accepted or granted by IPONZ is limited compared to amendments before acceptance. AJ Park Principal Fiona Pringle and Associate Briar Dominick explain when an amendment might be permitted.

In this recent Canadian trade mark story, a local cheer group has been challenged by international fashion house Hugo Boss over the use of BOSS ATHLETICS. Smart & Biggar Associate Reagan Seidler spoke to CTV Regina, giving insight to the matter.??

The last episode of From Idea to Intellectual Property season 2 is now available! Join Spruson & Ferguson Head of Patents China Dr Siqi Wang as she discusses the value of including China in any IP strategy. Catch up on episodes 1-5 on the IPH website.?

?AJ Park?

AJ Park has been named “Intellectual Property Specialist Firm of the Year” at the New Zealand Law Awards?

AJ Park has been named “New Zealand IP Firm of the Year” at the Global IP Awards.?

Duncan de Geest , Michael Brown , Anton Blijlevens and Wes Jones , Principals at AJ Park, have been ranked in this year’s IAM Global Leaders list for 2024.??

AJ Park has been named "New Zealand Patents Firm of the Year" at the Asia IP Awards.

Anton Blijlevens and Wes Brown have been recognised in this year's IAM Strategy 300.

Griffith Hack??

Kellie Stonier , Practice Group Leader of Trade Marks at Griffith Hack, has been recognised in the Australian Lawyer’s Elite Women list for 2023.

Smart & Biggar?

Smart & Biggar has been recognised as a top tier firm in the Legal 500, with 18 Principals recognised for their expertise in trade marks, patents and designs, copyright and specialty areas of Life Sciences.?

Seven Patent Agents and Lawyers from Smart & Biggar have been recognised as IAM Global Leaders for 2024.

Smart & Biggar has been recognised as the Leader for IP in this year's list of Canada’s Best Law Firms.?

Smart & Biggar has been named “Canadian Trademark Firm of the Year” at the Global IP Awards.??

Smart & Biggar Principal Graham A. Hood has been recognised as a leading Canadian lawyer under 40 in Lexpert's Rising Stars list. Six lawyers at Smart & Biggar have also been recognised by Lexpert as leading IP litigators. The firm has also been featured in Lexpert's 'Top 10 business decisions' list for Canada.

Spruson & Ferguson?

Spruson & Ferguson Principal Brendan Nugent has been recognised as a thought leader in the 2023 Q3 Lexology Legal Influencer’s campaign for IP – Cross-border.??

Spruson & Ferguson Managing Director, Australia, Simon Potter and Managing Director, Asia, Kristian Robinson , have been recognised as IAM Global Leaders for 2024.??

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