News
Meet Georg Pintz & Partners @INTA Washington

May 02, 2012 01:50:35


Georg Pintz & Partners’ team is exhibiting at the INTA Annual Meeting in Washington, DC (5-9 May 2012). We are presenting our new onlineservices to the IP community, and we would be happy to welcome you at our booth No. 336.

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Trademark.co - Video

Mar 07, 2012 11:56:27


Video of Trademark.co

Trademark registration in multiple countries at your desk in 3 steps and 3 minutes with discount prices.

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Quick & Easy European Patent (EP) Validation Service

Feb 21, 2012 06:05:28


Epvalidation.net is intended to provide you a quick, cheap and trustworthy service for the European Patent (EP) validation.

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DAILY: WTR Industry Awards: the 2017 shortlisted teams and individuals unveiled

Among the corporate teams featured on the 2017 WTR Industry Awards shortlist are those from adidas, Caesars Entertainment, Expedia, GlaxoSmithKline, Google, Intel, Maus Frères, Netflix, PepsiCo, Sky International, The National Association of Realtors, Twitter and Wyndham Worldwide.;

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DAILY: New rules on recovery of criminal proceeds affect enforcement of IP rights in Germany

The German Parliament recently passed new rules on measures for the recovery of criminal proceeds. The rules mean that the enforcement of financial claims against criminal offenders will be widely handled by public prosecution. While the new rules may facilitate access to compensation for private parties affected by crimes, IP rights holders fighting counterfeiters may often find civil enforcement more suitable.;

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DAILY: Hong Kong moves closer to tobacco plain packaging; street vendors voice disappointment and anger, threaten protest

The Hong Kong government tabled a law yesterday that will substantially increase the size of mandatory health warnings on tobacco products and leave the autonomous territory a step away from full-blown ‘plain packaging’. The developments have led to complaints from tobacco vendors, which claim that they will lose business as consumers switch to counterfeits and grey-market cigarettes as a result of the changes.;

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DAILY: Albania amends Industrial Property Law but important issues remain unaddressed

Multiple changes to the Albanian Industrial Property Law have entered into force with the aim to harmonise Albanian law with the EU acquis. However, many important issues remain unaddressed and IP professionals fear that certain changes may adversely affect Albanian IP case law.;

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DAILY: A tale of two Squire Patton Boggs: global firm faces battle over its own name in China

A year after we reported on a legal battle between Norton Rose Fulbright and a small Chinese firm using the name for IP legal services, World Trademark Review has discovered that the same entity now appears to be offering trademark and brand protection legal services under the Squire Patton Boggs name. However, with the Chinese firm being granted a trademark registration for the name earlier this month, the international law and lobbying firm may face an uphill battle if its wants exclusive rights to its name in China.;

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DAILY: Trademark renewal notice

Trademark owners with registrations in Burundi should be aware that trademarks registered before 2009 must be renewed before 2019 in order to remain valid, despite initially being registered for an indefinite term.;

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DAILY: Knives are no longer out over LAGUIOLE cutlery registration

The European Court of Justice has recognised the admissibility of a EU Intellectual Property Office appeal and confirmed that French company the Forge of Laguiole may oppose the registration of LAGUIOLE as an EU trademark for knives and cutlery; however, opposition is limited to areas in which the company actually pursues business activity.;

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DAILY: As mysterious Gleissner trademark portfolio grows, insider denies “far-fetched” claim of link to domain acquisitions

Over six months after our original reporting into the vast trademark and domain portfolio of entertainment magnate Michael Gleissner, his attorneys are continuing their prolific filing activity. While industry experts speculate that the mysterious filings could be linked to acquiring lucrative domain names, a source related to one of Gleissner’s companies tells World Trademark Review that this claim is “far-fetched” and “gross” – and reveals an unusual business strategy involving the ‘farming’ of brands.;

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DAILY: Bentley Motors loses invalidity action against BENTLEY mark for clothing

The UKIPO has rejected an application filed by Bentley Motors, the British manufacturer and marketer of luxury cars, for a declaration of invalidity of the mark BENTLEY, owned by British clothing company Bentley 1962. Among other things, the UKIPO noted that Bentley 1962’s mark was registered and used from at least 1998, at which date there was no evidence of an established merchandising connection between car manufacturers and clothing.;

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DAILY: New paper reignites war of words on brand valuation ranking tables

A white paper from trademark database manager Markables calls on the brand valuation industry to cease publication of ranking tables, and has reignited the debate over valuation methodologies – with valuers, brands and the media coming under fire.;

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DAILY: General Court decides which REGENT reigns supreme

The General Court recently confirmed the likelihood of confusion between the word mark REGENT UNIVERSITY and the figurative mark REGENT'S COLLEGE LONDON for identical services in Class 41. The court rejected the applicant’s claims that the Second Board of Appeal had made errors in its assessment when comparing the signs at issue.;

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DAILY: EU mark ALCOLOCK locked out

The EU General Court has confirmed a EUIPO Board of Appeal decision which cancelled the EU trademark registration ALCOLOCK due to its conflict with the UK mark ALCOLOCK. The case shows that even a small volume of sales can be sufficient to affirm genuine use and the use requirement will lead to the cancellation only of trademarks that are not used in a commercial way.;

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DAILY: No protection in Switzerland for obscene trademarks

The Swiss Administrative Court recently confirmed a Federal Institute of Intellectual Property decision denying protection to an obscene trademark, as it was considered contrary to morality. The decision highlights that the morality standard in Switzerland remains high, even though the court highlighted that the understanding has been relaxed in recent years.;

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DAILY: Brand owners “are not taking appropriate steps to stop counterfeiting”, claims Indian regional official

A minister from the government of the Indian state of West Bengal has called on trademark owners to be more diligent in reporting suspected counterfeiting to local authorities, arguing that many “do not take it up seriously” when it comes to fighting fakes.;

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DAILY: Indonesia simplifies documents required to support trademark applications and renewals

Indonesia has simplified the formal requirements for filing new trademark applications and renewing existing registrations. The change is a welcome procedural development for trademark owners, as it lightens the burden of signing many documents in support of trademark applications or renewals.;

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DAILY: OAPI in “period of transition” as new director general appointed; anti-Madrid collective “goes into hiding”

The African Intellectual Property Organisation (OAPI) has confirmed to World Trademark Review that its director general, Paulin Edou Edou, will be leaving at the end of July, with his successor beginning in August. This comes as the collective formed to challenge OAPI’s accession to the Madrid Protocol disbands due to a fear of being banned from IP practice, although a former member reveals that it may regroup later in the year.;

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DAILY: General Court: BRENT INDEX is descriptive of goods and services linked to financial sector

In Intercontinental Exchange Holdings Inc v EU Intellectual Property Office (EUIPO), the General Court has upheld a decision of the Fourth Board of Appeal of the EUIPO finding the mark BRENT INDEX descriptive and devoid of distinctive character. The court held that, although the term 'brent' is the name of a type of crude oil and not in itself a financial term, it is commonly used by professionals in the financial sector.;

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DAILY: Japanese trademark pendency times rise with registrations; interest in non-traditional marks cools

While the Japan Patent Office registered more trademarks last year than it has in almost a decade, new data indicates that it is also taking more time than ever before to decide whether applications should be granted or refused.;

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DAILY: Evidence of genuine use in the spotlight

In Verweij Fashion BV v Walton International Limited, the registration of the trademark GIORDANO was revoked in respect of all the goods for which it was registered. The case provides helpful guidance when considering acceptable evidence of genuine trademark use, especially in the context of online sales.;

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DAILY: Criminal penalties to be introduced for selling 'dead copy' products

Under a recently published amendment to the Unfair Competition Prevention and Trade Secret Protection Act, infringers which violate the ‘dead copy’ provision of the act may be subject to imprisonment for up to three years or a fine of up to KRW30 million. The amendment will come into force in July 2017.;

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DAILY: Paris court decision shows that court proceedings against domain name holder may be useful tool to tackle identity theft

The Paris Court of First Instance has ordered the transfer of a domain name consisting of the name of a person whose identity had been misused, most likely fraudulently. The decision illustrates that court proceedings against a domain name holder may be a very useful tool to tackle identity theft – contrary to alternative dispute resolution mechanisms such as the UDRP, which often do not allow for the protection of personal names per se.;

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DAILY: Local company should have known of existence of identical foreign mark when filing application

In Germaiz SA v Bonomelli SRL and Bonomelli SRL v Germaiz SA, both parties had filed an application for the mark CUORE for goods in Class 29, and both had opposed each other’s application. The Court of Appeals found that Germaiz had acted in bad faith, as it was engaged in the same field of activity as Bonomelli and could not have ignored the existence of an identical foreign mark.;

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DAILY: Lawsuit challenging President Trump updated to highlight “gratuitous Chinese trademarks”

The landmark emoluments lawsuit initiated by Citizens for Responsibility and Ethics in Washington – seeking to find the president in violation of the emoluments clauses of the Constitution – has been updated to include the receipt of “gratuitous Chinese trademarks”. Specifically, the suit aims to link the granting of registrations to President Trump’s affirmation of the ‘One China’ policy.;

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DAILY: Apple case highlights UKIPO's strict approach in awarding costs

In this recent case before the UKIPO, the applicants had filed 68 applications to revoke Apple’s registered trademarks on the grounds of non-use. The hearing officer accepted Apple’s submissions that the applications constituted an abuse of process and that, therefore, it was entitled to off-scale costs. However, the hearing officer found that Apple’s assessment of the on-scale costs was wrong and decided to award only off-scale costs.;

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DAILY: With nine of 10 top new gTLD registrants, China’s online dominance will worry many brand owners

Chinese entities now own almost half of all new generic top-level domain (gTLD) registrations, with nine of the top 10 new gTLD registrants associated with the country, according to recent reports. With another tranche of gTLDs just approved for sale by the Chinese government, many brand owners will be concerned about what this all means for their trademark protection strategies.;

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DAILY: EUIPO head among 2017 inductees to the IP Hall of Fame

Antonio Campinos, executive director of the EU Intellectual Property Office, has been announced as an inductee into the IP Hall of Fame. He joins a number of the trademark world’s luminaries in the project, which identifies individuals who have helped to establish intellectual property as one of the key business assets of the 21st century.;

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DAILY: Use of EUTM by third party may constitute genuine use even where proprietor's consent must be deduced

In Windrush AKA LLP v EUIPO, the General Court has upheld a decision of the First Board of Appeal of the EUIPO in which the latter had found that there was genuine use of the mark THE SPECIALS for CDs. The court found that the board had rightly deduced that there was consent on the part of the trademark owner – the founder of UK band The Specials – to use of the mark by a record company.;

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DAILY: Cyberpunk legend expresses concern over controversial trademark: "I wish someone from CD Projekt Red would contact me"

There has been an outcry over trademark applications for the term CYBERPUNK filed by video game developer CD Projekt Red. While much of the negative sentiment has been put to rest after the company released an open letter expanding on the marks, some concern remains – including from Bruce Bethke, who originally coined the term ‘cyberpunk’ in 1980.;

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DAILY: High Court: Apple's IWATCH mark is not registrable for computers, computer software and related goods

In Apple Inc v Arcadia Trading Limited, the High Court has confirmed a decision of the hearing officer that Apple’s IWATCH is not registrable as a trademark for computers, computer software and related goods. Among other things, the court agreed with the hearing officer that it did not follow from Apple’s use of the marks IPHONE, IPAD, ITUNES and IPOD that the average consumer would perceive the mark IWATCH as denoting goods from the same source.;

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DAILY: Halving of Chinese trademark fees provides immediate costs benefit for counsel, but raises squatting concerns

Reversing a trend towards increases seen across several Asian jurisdictions of late, the China Trademark Office of the State Administration of Industry and Commerce has slashed user fees by half. While the reduction is welcome in terms of budgets, many trademark counsel will be concerned about a potential increase in indirect enforcement costs should squatters try to take advantage of the lower fees.;

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DAILY: General Court: Board of Appeal erred in finding that earlier marks had been put to genuine use

In Hersill SL v EUIPO, the General Court has annulled a decision of the Second Board of Appeal of the EUIPO finding that there was a likelihood of confusion between the mark VACUP for goods in Class 10, and the earlier mark V.A.C. for goods in Classes 5 and 10. The court found that the board had erred in finding that the V.A.C. mark had been put to genuine use during the relevant period, and had not examined the genuine use of the earlier mark MINIVAC.;

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DAILY: Use of domain name containing trademark for criticism site may generate rights or legitimate interests on respondent's part

In a recent decision under the UDRP, a WIPO panel has denied the transfer of a domain name used for a genuine non-commercial criticism website. The case shows that use of a domain name containing a trademark for a criticism site may generate, under certain circumstances, rights or legitimate interests on the part of a respondent, and may justify, along with other factors, the denial of a complaint.;

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DAILY: Delhi High Court: eBay not obliged to screen all content hosted on its portal for infringement

In Kent RO Systems Ltd v Kotak, the Delhi High Court has held that an online intermediary is not obliged to screen all information hosted on its portal for infringement. The court disagreed with the plaintiff’s argument that eBay had an obligation under the Information Technology Act to observe due diligence in relation to potential infringements.;

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DAILY: Trademarks under Trump: the new administration’s impact on IP so far

Three months into his presidency, Donald Trump has revealed his nomination for IP enforcement coordinator. However, with the USPTO hit by a hiring freeze and uncertainty over the future leadership of the agency, the question of what impact his administration will ultimately have on trademarks and the IP ecosystem remains unanswered. So what do we know?;

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DAILY: INTA elaborates on increase in anti-counterfeiting activities as membership demand grows

In an exclusive interview with World Trademark Review, the CEO of the International Trademark Association (INTA) speaks about its increased activity in the anti-counterfeiting arena, and expands on current and future activities in this regard. He also notes that partnerships are being sought with other IP and non-IP organisations, but only when there is “mutual respect” between the parties.;

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DAILY: University trademark licensing denial goes up in smoke

In Gerlich v Leath, the US Court of Appeals for the Eighth Circuit has affirmed the district court’s decision that a university licensing authority had violated the First Amendment when refusing to approve use of the university’s trademarks on t-shirts incorporating a marijuana leaf design.;

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DAILY: Decision under '.nl' Dispute Resolution Regulations show that UDRP precedents serve as important source of reference

In a recent domain name dispute before WIPO, a German toy manufacturer has obtained the transfer of a ‘.nl’ domain name identically reproducing its trademark under the Dispute Resolution Regulations for ‘.nl’ Domain Names. The decision shows that, whilst many ccTLDs have adopted their own domain name dispute resolution policies, UDRP precedents and principles are an important source of reference.;

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DAILY: Co-branding: did the High Court in Samsonite get its description right?

In Samsonite IP Holdings Sarl v An Sheng Trading Pte Ltd, the High Court has considered whether the parallel importation of backpacks bearing the trademark SAMSONITE into Singapore, as part of what was called a co-branding agreement, was permitted under the doctrine of exhaustion of rights.;

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DAILY: Design patent cancelled based on earlier trademark registration

The board of appeal has cancelled a design patent for a sweet wrapper bearing the Russian word for 'Africa' based on an earlier figurative trademark containing the Russian word 'Liovushka' ('pet lion') for sweets in Class 30. Among other things, the board found that the dominant features of the design patent and the trademark produced the same general visual impression.;

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DAILY: Indian trademark registry sees examination numbers increase 60% year-on-year

Trademark application and registration rates in India went through the roof last year, indicating success in terms of both streamlining the prosecution process and dealing with a hefty filings backlog. However, it remains to be seen whether the national registry’s human resources can keep up with this positive trend.;

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DAILY: Movable Property Security Rights Bill - towards IP financing

Currently, it is not possible to acquire financing in Kenya on the basis of an intangible asset such as intellectual property. The Movable Property Security Rights Bill, which was recently published, seeks to change this position. It provides for the creation of security rights in intangible assets, and includes intellectual property within the meaning of 'intangible assets'.;

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DAILY: Trademark registrations up, designs down as the Japan Patent Office reveals the top registrants for 2016

The Japan Patent Office received its highest number of trademark applications in 10 years during 2016, according to the agency’s latest annual report. Of the top 10 registrants last year, nine were Japanese entities (the exception being South Korea’s LG Electronics).;

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DAILY: China Trademark Office slashes fees - but is this all good news for brand owners?

From April 1 2017, the official trademark application fees have been reduced by 50%. From a cost perspective, no doubt all brand owners will welcome the change. However, the lower official fees and the expected increase in the number of new trademark filings might have other undesirable consequences.;

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DAILY: Survey reveals few indie game developers seek trademark protection; law firms urged to show door is open

A poll conducted by World Trademark Review at gaming conference EGX Rezzed last week suggests only a small percentage of independent video game developers consider registered trademark protection during the process of releasing a game. While various reasons were stated, one repeatedly brought up was the daunting prospect of approaching a law firm, with a more bespoke approach suggested in a bid to benefit both communities.;

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DAILY: General Court provides guidance on revocation of EUTMs for non-use

In IR v EUIPO, the General Court has upheld a EUIPO decision granting Pirelli’s application for the revocation of the mark POPCHRONO on the ground of non-use. The decision provides guidance on several issues relating to the revocation of EUTMs under Article 51(1)(a) of Regulation 207/2009. The mark owner had put forward several ‘imaginative’ arguments, such as Pirelli’s alleged anti-competitive behaviour and the EUIPO’s alleged failure to invite the parties to settle.;

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DAILY: Joint circular sets out new rules for resolving '.vn' disputes

A joint circular issued by the Ministry of Information and Communication and the Ministry of Science and Technology provides for clear rules and procedures for coordination between the relevant authorities in implementing administrative decisions involving ‘.vn’ domain names deemed to be infringing on IP rights. Regrettably, the circular does not address the situation where the domain name is not associated with an active website with content infringing an IP right.;

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DAILY: ‘.feedback’ fires salvo over PICDRP complaint; threatens to “de-accredit” MarkMonitor as a registrar

Three weeks after being found in breach of its ICANN compliance obligations as a result of a public interest commitment dispute resolution procedure (PICDRP) complaint, Jay Westerdal, CEO of ‘.feedback’, has fired back at MarkMonitor, one of the parties to the PICDRP. In a letter obtained by World Trademark Review, he alleges that the PICDRP disclosed confidential information and gives MarkMonitor 30 days to cure that breach or face being de-accredited as a registrar for the string.;

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DAILY: PIPCU and IACC respond to concern over “shadowy” RogueBlock anti-counterfeiting collaboration

The Electronic Frontier Foundation has voiced concern over a collaboration between the International AntiCounterfeiting Coalition (IACC) and the UK’s Police Intellectual Property Crime Unit (PIPCU) to take down websites selling counterfeits through the RogueBlock programme. In separate responses to World Trademark Review, PIPCU and the IACC have expanded on the parameters of the collaboration.;

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DAILY: Royal Salute 3D marks granted judicial protection for the first time

In a recent case before the Wuhan Intermediate Court, whisky producer Chivas has successfully demonstrated that consumers perceive the Royal Salute bottle as a trademark and are able to distinguish Royal Salute products from others by the shape of the bottle alone. Among other things, the court found that the defendant’s Elysee 21 YO product was identical to the plaintiff’s 3D marks from a visual point of view.;

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DAILY: Higher Economic Court addresses trademark issues in review letter

The Higher Economic Court has issued Review Letter No 01-06/521, which concerns the application of the law by the economic courts within the context of IP disputes. Although review letters do not have the weight of law, they are usually taken into account by the lower courts. The review letter considers the relative grounds for refusal of a trademark, as well as the concept of 'exhaustion of rights'.;

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Amicus Legum

IP awareness initiative: aims to raise awareness about IP and IP rights with focus on trademarks, copyright and patents, via capacity building and training initiative in schools; highlighting the dangers of buying and using counterfeit goods such as make-up, perfume, software, and consumables Educational resources: a toolkit to help the public understand the importance of protecting and respecting IP and helping them learn about the commercial benefits of IP; developing teaching resources for training of teachers and developing an IP guide for students, aimed at middle and high school (...);

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Business Development Bank of Canada (BDC), Canadian Intellectual Property Office (CIPO)

Intellectual property (IP) simulation game in which players are given the opportunity to choose between two entrepreneurs' scenarios and work to explore what types of IP they should protect;

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CopyrightUser.org

CopyrightUser.org is an independent online resource aimed at making UK Copyright Law accessible to creators, media professionals, entrepreneurs, students, and members of the public; goal: to provide answers to the most pressing concerns creators have about copyright, helping them understand their rights;

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Police Intellectual Property Crime Unit (PIPCU)

"Wake up - don’t fake up!" campaign (2015): highlights the dangers of buying and using counterfeit goods such as make-up, perfume, electrical hair stylers and sun-cream;

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Internet Keep Safe Coalition (iKeepSafe)

"Copyright & Creativity for Ethical Digital Citizens" curriculum (2015); includes lesson plans, videos, activities, and handouts designed to inspire creativity and help students make conscious choices about sharing their own creative work while understanding the value of respecting the rights of other creators;

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Intellectual Property Owners Association (IPO)

IP Video Contest: challenges young adults to make a short video explaining the importance of the patent system;

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NAMAN India (National Association for Mega Awareness and Nomocracy in India)

Intellectual Property (IP) Awareness initiative: aims to raise awareness about IP and IP rights with focus on patents, and change the perception that it is difficult and inconsequential for individuals to obtain patents;

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WhoIsHostingThis.com

Guides for students: Ultimate Guide to Copyright for Students; The Ultimate DMCA Guide for Students; A Plagiarism Guide for Students.;

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State Agency on Intellectual Property (AGEPI), Ministry of Education of the Republic of Moldova (ME), Directorate General for Education, Youth and Sports (DGEYS)

National Pupil Awareness Campaign on Counterfeiting and Piracy (2014); objective: to inform pupils about counterfeiting and piracy, explaining the risks involved;

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Into Film, Industry Trust for IP Awareness

"Creating Movie Magic" program (2014); objective: to explain the importance of copyright to young people, encourage a respect for the film-making process, and debate about the value of intellectual property;

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closer2patents

Free workshops for students and academic institutions on various topics of intellectual property rights (IPR) across India;

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Industry Trust for Intellectual Property Awareness, Lionsgate UK

"Postman Pat: The Movie" trailer (2014); aims to inspire film fans to choose official content with one of the UK’s best-loved childhood characters Postman Pat;

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Business Action to Stop Counterfeiting and Piracy (BASCAP)

"Buy Real. Fakes Cost More" anti-fakes campaign to help consumers understand that what may seem like harmless purchases are not so harmless, and that some counterfeit products are a real threat to health and safety, jobs and the economy;

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UN Office on Drugs and Crime (UNODC), World Tourism Organization (UNWTO), UN Educational, Scientific and Cultural Organization (UNESCO)

"Your Actions Count – Be a Responsible Traveler" campaign (2014) to raise awareness about the most common illicit goods and services that tourists might be exposed to while travelling; provides guidance to recognize possible situations of trafficking in persons, wildlife, cultural artefacts, illicit drugs and counterfeit goods, and invites travelers to take action through responsible consumer choices.;

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Finančná správa, World Health Organization (WHO), Slovak Chamber of Pharmacists, Industrial Property Office of the Slovak Republic

"Falosne lieky" information campaign to highlight the problem of fake medicines; objective: to raise public awareness about the dangers of counterfeit medicines as well as the risks of buying them through the Internet;

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National Crime Prevention Council (NCPC), Bureau of Justice Assistance (BJA)

"Get Real About IP Theft" public education campaign to raise awareness and understanding of the impact of IP theft on public health, safety, and the economy;

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UK Intellectual Property Office (UK-IPO)

"Treasure Island" education campaign to build understanding of and respect for IP in young people in a creative way; includes a combination of online resources, apps and a live tour of Karaoke Shower "MusicBiz" anti music piracy competition inviting 14-18 year olds to create their own storyboard or short film of 90 seconds or less focusing on how songwriters, artists and bands are rewarded for their creativity;

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UK Music, the Intellectual Property Office (IPO), Aardman Animations

"Music Inc." app: allows users to take on the role of managing an aspiring musician, designed to give young music fans an insight into the modern music industry and to educate them on specific challenges encountered by artists in the digital age;

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3D Chile Comunicaciones

"#ImaginaciónSinMiedos" (Imagination without fear) campaign to promote respect for creativity;

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Mobile Manufacturer’s Forum

"Spot a Fake Phone" website, to help consumers spot fake mobile phones and avoid being ripped off;

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