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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: Estimation of notoriety or fame by IMPI will help prevent registration of confusingly similar marks

Since the coming into force of the 2005 amendments to the Industrial Property Law, IMPI had stopped estimating the notoriety or fame of trademarks and relied only on declarations of notoriety or fame. However, IMPI has now begun to estimate the notoriety or fame of marks, alongside issuing such declarations. With this change, the estimation of notoriety or fame will become an important offensive weapon to prevent the registration of confusingly similar marks in all classes.;

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DAILY: Applicant fails to prove occurrence of technical failure in EUIPO electronic communication system

In Groupe Go Sport v EUIPO, the General Court has considered Groupe Go Sport’s claim that a technical failure in the electronic communication system had prevented the transmission of its statement of grounds in due time. Although the judgment does not indicate how to prove the occurrence of a technical failure preventing an electronic communication, it does indicate what cannot constitute such a proof.;

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EVENT: IP in the Auto Industry: Risk and Opportunity in a Changing Landscape

May 4 2017 - Detroit Building on the success of last year’s inaugural event, IP in the Auto Industry will offer IP professionals within the automotive industry a forum in which to network, share best practice, and discuss the latest strategies to exploit and protect their intellectual property to maintain a competitive edge. ;

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DAILY: TITANIC QUARTER revoked due to "clear absence of evidence of use"

In Property Renaissance Limited v Titanic Trademark Limited, Property Renaissance Limited has obtained the revocation of the word mark TITANIC QUARTER, registered in the name of Titanic Trademark Limited in Classes 36, 41 and 42, on the basis that the mark had not been put to genuine use in Ireland.;

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DAILY: Kit Kat decision sets high bar for proving acquired distinctiveness of shape marks

In Mondelez v EUIPO, the General Court has ruled that the EUIPO must re-examine whether Nestlé’s 3D mark for the shape of its four-fingered Kit Kat bar had acquired distinctiveness in all EU member states for all the goods covered by the mark. The decision will not be welcomed by applicants for shape marks, who now face the prospect of incurring significant costs in compiling evidence that their mark has acquired distinctiveness in all 28 EU member states.;

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DAILY: European arm of top Asia-Pacific trademark player King & Wood Mallesons enters administration

The London office of King & Wood Mallesons (KWM) – a general practice firm with top-rated trademark credentials, previously touted as “the first global law firm headquartered in Asia” – entered administration this week. In the aftermath of what is reported to be the largest ever law firm collapse in the UK, KWM has established a new business to maintain a strategic presence in Europe.;

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DAILY: Federal Court decision provides guidance on several useful aspects for practitioners

In Insight Radiology v Insight Clinical, Insight Clinical enjoyed a substantial victory in its claims that Insight Radiology’s conduct constituted trademark infringement, passing off and misleading or deceptive conduct. This decision has several useful aspects for practitioners, including its exploration of how a questionable claim to ownership of a trademark application may be cured by assignment, as well as the threshold level of reputation required for a Section 60 opposition.;

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DAILY: eBay expands on plans for “network of professional authenticators” in fight against counterfeiters

Online marketplace giant eBay will launch an authentication program – entitled eBay Authenticate – later in the year in an effort to “boost consumer confidence when purchasing high-end merchandise”. Talking to World Trademark Review, an eBay spokesperson confirmed the company will be “working closely with brands” on the initiative. One commentator, however, fears that the move will do little to quell the availability of fakes.;

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DAILY: Unregistered mark with reputation can enjoy protection

In The National Aluminium & Profile Co (foreign company) v Extal Ltd, the Jerusalem District Court has affirmed the deputy trademark registrar’s refusal to register a mark consisting of a lengthwise slit along aluminium profiles following an opposition by the owner of a long-used similar mark.;

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DAILY: The battle of Porsche versus P@RSCHE

The District Court of The Hague has rendered a judgment in a case brought by Porsche against an unnamed individual. Both parties had met previously in court in 2012, when it was ruled that the defendant had filed a trademark application for the word PORSCHE in bad faith.;

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DAILY: One-fifth of foreign applicants’ judicial challenges against Chinese trademark office decisions are successful

Data on administrative disputes at the Beijing IP Court indicates that foreign parties have enjoyed particular success in recent years in reversing unfavourable decisions made by the Trademark Office of the State Administration of Industry and Commerce, China’s trademark-issuing agency.;

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DAILY: Amazon.com does not have to put out the fire

Addressing an interlocutory appeal, the US Court of Appeals for the 11th Circuit has affirmed a district court’s denial of a preliminary injunction against Amazon.com for trademark infringement, agreeing that the plaintiff’s motion was too little, too late.;

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DAILY: The 2017 edition of WTR 1000, identifying the world’s leading trademark professionals, now available online

The 2017 edition of World Trademark Review 1000 – The World’s Leading Trademark Professionals is our biggest yet, with 90 country and US state-specific chapters analysing local trademark legal services markets and profiling the firms and individuals singled out as leaders in their respective fields. As such, it serves as the definitive tool for locating high-calibre trademark partners worldwide.;

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DAILY: California’s proposed cannabis bill shines a light on state level trademarks

The introduction of a bill in the California legislature, which seeks to create the ability to secure state-level trademark protection for cannabis products, has led to a wave of media reports highlighting the challenges facing the marijuana industry. Crucially, it also shines a light on the potential role that state-based registrations can play.;

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DAILY: Calvin Klein fights trademark infringement

In Calvin Klein Inc v HS International Pte Ltd, the court has granted a summary judgment against the operator and manager of the website sgbuy4u.com, following Calvin Klein’s claims that marks carried out through the website infringed its CALVIN KLEIN and CK marks on the grounds of double identity. The two remaining defendants in the case have been granted unconditional leave to defend against these claims.;

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DAILY: No similarity between the signs: game over!

In a dispute between Monster Energy and a Malaysian canning company, the General Court has concluded that – regardless of the degree of similarity or even identity of the goods at issue, or the reputation or enhanced distinctiveness of the earlier marks – there was neither likelihood of confusion nor infringement under the Trademark Regulation.;

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DAILY: Fitbit sues reseller for selling ‘counterfeits’; defendant claims ‘harassment’

Exercise tracking technology company Fitbit has filed a lawsuit against a New Jersey business which sells discontinued and refurbished products to consumers. In the suit, Fitbit claims the defendant sold ‘counterfeit’ and ‘non-genuine’ versions of Fitbit products – a claim staunchly denied, with a representative telling World Trademark Review that Fitbit is engaging in “litigious scare tactics” in response to a lawsuit it had filed a month previously.;

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DAILY: New Quebec signage regulations

In the province of Quebec, amended regulations have come into force that require various forms of commercial signage displaying non-French trademarks, including signage outside of buildings, to be accompanied by a “sufficient presence of French”, either on the signage itself or nearby.;

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DAILY: High Court issues useful guidance on trademark infringement and passing off in keyword advertising

The High Court has issued useful guidance on the issue of trademark infringement and passing off in the context of keyword advertising, in a case concerning two bathroom retailers. The case reiterates that keyword advertising is not inherently objectionable from a trademark perspective and that the question is whether the advert is causing confusion.;

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DAILY: Call to halt revolving door as new UK IP Minister unveiled

Jo Johnson, a Member of Parliament since 2010, has been confirmed as the new Minister for Intellectual Property. The move comes at a crucial time given uncertainty over the UK’s future intellectual property landscape in the wake of the BREXIT vote – making it important that he occupies the role for longer than some of his predecessors.;

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DAILY: Church's appeal to a higher authority prevails over adidas

The US Court of Appeals for the Federal Circuit has reversed the TTAB’s decision that the sale and transfer of goods in an Illinois church bookstore were de minimis and insufficient to constitute interstate commerce. The court considered whether an intrastate sale to an out-of-state resident satisfied the ‘use in commerce’ requirement under the Lanham Act, and the decision demonstrates a more generous standard of analysis.;

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DAILY: Supreme Court finds in favour of Ursus

The Supreme Court has issued a judgment prohibiting Ursus Maritimus Investors from using the word 'ursus' in the company name, trademarks and otherwise in the course of business on the grounds of confusion.;

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DAILY: India set to implement stricter regulation of brand ambassadors during first half of the year

The Indian parliament is likely to enact strict regulations governing celebrity endorsements during its budget session beginning later this month, as the debate surrounding the potential impact of the new rules on brand owners’ businesses heats up.;

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DAILY: Nestlé loses appeal over Kit Kat shape marks

The Court of Appeal has upheld the decision that Nestlé’s two-fingered and four-fingered KIT KAT shape marks lack inherent distinctiveness as they do not represent a significant departure from the norms of chocolate confectionery. The decision emphasises the fact that, unless there is evidence to prove that consumers are accustomed to recognising the shape of a product as a badge of trade origin, even evidence of substantial use is unlikely to assist.;

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DAILY: Trademark trends and challenges: have your say on the state of the industry

Corporate and law firm professionals are being invited to participate in the ninth annual Global Trademark Benchmarking Survey, which measures the pulse of the industry, tracks industry trends and identifies how trademark practice is evolving to counter new threats and exploit new opportunities. Participation in the survey is free of charge and designed to give counsel – both in-house and in private practice – the opportunity to have their say on the state of the industry.;

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DAILY: PRET A MANGER held to be highly distinctive

The General Court has upheld the decision to reject an application for the mark PRET A DINER following opposition by Pret A Manger. The court found that the appeal lacked substantive arguments and the decision demonstrates that a high degree of distinctiveness and reputation will satisfy assessment purposes where there is a low degree of similarity between marks.;

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DAILY: USPTO reveals record level of trademark applications; all eyes on next Trump appointment

The USPTO’s Performance and Accountability Report for fiscal year 2016 has revealed that trademark filings rose by 5.2% last year, while the number of trademarks proceeding to registration spiked by almost 10%.;

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DAILY: Trademark owners sanctioned for falsified evidence

The Beijing IP Court has issued its decision in a cancellation action concerning the Chinese mark ?? JIA JIA on the grounds of non-use. In addition to overruling the decision of the Trademark Review and Adjudication Board, the court for the first time sanctioned the mark’s owners for submitting falsified evidence in an attempt to deceive the court.;

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DAILY: Filing fees increased

The Ministry of Finance has issued a new circular on industrial property charges and fees to guide the collection, remittance, management and use of government fees relating to industrial property. The new circular has increased government fees significantly for many services to be carried out by the National Office of Intellectual Property.;

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DAILY: Trademark rights - registration versus continued use

The Danish Maritime and Commercial High Court has found that a registered mark infringed an earlier unregistered mark, as its use on the virtual marketplace could cause confusion and the right of a person to use his or her own name in the course of trade does not apply to the owner of a limited company.;

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DAILY: Insufficient distance between guitarist and former band's name

According to the decision in Commodores Entertainment Corporation v Thomas McClary, the doctrine of nominative fair use will not shield musicians from liability when they continue to feature their former band’s mark in promotional materials.;

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DAILY: First in-depth trademark data from Beijing IP Court reveals quarter of 2015 cases involved foreign parties

The first annual report on the activities of the Beijing IP Court – published by litigation analytics firm IPHouse and covering 2015 – suggests that the specialist venue is proving an efficient forum for domestic and foreign trademark owners alike.;

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DAILY: Eveready fails to establish genuine use for EDGE

The General Court has rejected an appeal against the EU Intellectual Property Office Board of Appeal’s decision that genuine use of the mark EDGE had not been established, reiterating the fact that proof of use has to be recorded and that checking evidence of use should be part of due diligence in an acquisition process.;

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DAILY: Industrial Property Appeal Court decision on fame and notoriety of PLAYBOY

The Industrial Property Appeal Court has published a decision in its official bulletin which reverses a first-instance decision of the Chilean Industrial Property Department and rejects the claims of fame and notoriety by Playboy Enterprises.;

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DAILY: Companies must shore up their social media defences in light of Donald Trump’s targeting of brands

Protecting brand reputation and managing the possible legal fallout from crisis situations are some of the main responsibilities of an in-house trademark department. One recent element that has created headaches for numerous brands in that regard is the tweeting habit of US president-elect Donald Trump, and specifically his regular calling out of companies and brands. As he prepares to take office on January 20, we take a look at how brands can react should they be the unwitting target of a Trump Twitter tirade.;

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DAILY: Bentley Motors wins case on grounds of non-use

A registrar has allowed Bentley Motor’s application for revocation of Aucera’s BENTLEY mark to succeed on the grounds of non-use. The application was successful largely due to the lack of specificity of the evidence provided by Aucera. The case highlights that proprietors in Singapore should use their registered trademark, otherwise it will be open to challenge by another party.;

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DAILY: Swarovski praises Alibaba Group suing counterfeiters; JD.com takes swipe at rival’s “lax IP enforcement”

Following a raft of coverage on Alibaba Group’s unprecedented decision to sue two vendors that sold fake watches on its Taobao marketplace platform, Swarovski has released a statement praising the move. The online giant has pledged more such actions but the response hasn’t all been positive, with e-commerce rival JD.com telling World Trademark Review that counterfeiters will continue to “flock” to Alibaba platforms and accusing it of “lax IP enforcement”.;

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DAILY: Grey market Abbott goods deemed infringing

The US Court of Appeals for the Second Circuit has affirmed the District Court for the Eastern District of New York’s grant of a preliminary injunction to cease the sale of international versions of Abbott Laboratories’ diabetes test strips in the United States, on the grounds that differences between the two strips made it likely that Abbott’s reputation and goodwill would be irreparably harmed. The decision marks a victory for grey market enforcement.;

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DAILY: Piercing the corporate veil

In China, the legal personality of limited companies generally protects shareholders and legal representatives from debts entered into, or liabilities imposed on a company. However, in a recent trademark infringement case, the Jiangsu Higher People’s Court held that this ‘corporate veil’ can be pierced under certain circumstances, meaning that legal representatives can be held jointly liable with the company.;

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DAILY: Ashley Furniture chalks up huge URS win as RPMs come under the spotlight in 2017

In the largest URS decision to date, the National Arbitration Forum has suspended 474 domains using marks owned by Ashley Furniture Industries. The decision comes at a time when the URS, alongside other rights protection mechanisms, is under review, with brand owners being urged to act now to shape the online enforcement environment of tomorrow.;

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DAILY: CIPO clarifies geographic name practice

The Canadian Intellectual Property Office has issued a practice notice which gives guidance as to when a trademark which is a geographic name will be considered descriptive and therefore unregistrable.;

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DAILY: ECJ cancels Rubik's Cube registration

The ECJ has held that the General Court had erred in taking the view that the essential characteristics of the shape of a product did not perform a technical function. The ECJ utilised its power pursuant to Article 61 of the Statute of the Court of Justice of the European Union and cancelled the registration of the 3D puzzle, Rubik’s Cube.;

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DAILY: Changes to TTAB Rules of Practice

The US Patent and Trademark Office has issued final rules to amend the Trademark Trial and Appeal Board (TTAB) Rules of Practice. The new rules are intended to make proceedings more efficient and less costly, and to formalise many of the TTAB's current practices.;

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DAILY: From fame to fakes: a look back at the Asia-Pacific’s top trademark trends of 2016

Last year was another busy one in terms of trademark strategy news, and the world’s largest and fastest-developing regional market was often at the centre of it all. World Trademark Review presents a retrospective on some of the key trademark and brand management developments in Asia-Pacific jurisdictions during 2016.;

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ARTICLE: Canada: Procedural options for combating counterfeits in Canada

Bereskin & Parr LLP The new request for assistance programme, as well as various judicial procedures, can be effective tools in brand owners’ Canadian anti-counterfeiting arsenal;

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ARTICLE: IANA: Transition of the IANA function – what does it mean going forward?

A significant change in the governance of the Internet took place in October 2016, when the US government ceded control over a core piece of internet infrastructure to ICANN. But what does this mean in practical terms?;

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ARTICLE: IP law and 3D printing technology – a looming conflict

Three-dimensional printing is having serious IP implications across all industries, making it vital to strengthen the underlying legal landscape. However, a segmented – rather than blanket – approach to rights may be the best solution;

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ARTICLE: European Union: Trademark owners versus counterfeiters: the EU customs regime

Locke Lord While the EU customs regime is a cost-efficient tool for combating counterfeiting, its scope is threatened by changes in how counterfeiters operate and the fallout from Brexit;

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ARTICLE: Landlord liability actions for trademark infringement in China: a ‘how to’ guide

Experience shows that the mere pursuit of direct infringers in malls and markets is an inefficient way to discourage the sale of counterfeit goods. By contrast, strategic actions against landlords can get real results;

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ARTICLE: China: Is a good anti-counterfeiting strategy possible in China?

Kangxin Partners PC A variety of anti-counterfeiting options are available in China. However, the most crucial advice remains: plan ahead;

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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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CropLife International

IP52.org campaign to help everyone from an IP lawyer to the average person understand IP and how it helps our world thrive; includes IP basics, myths & truths, innovator profiles, infographics, benefits of innovation;

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Fight the Fakes

Fight the Fakes is a campaign that aims to raise awareness about the dangers of fake medicines, giving a voice to those who have been personally impacted and shares the stories of those working to put a stop to this threat to public health; objective: to build a global movement of organizations and individuals who will shine light on the negative impact that fake medicines have on people around the globe and to reduce the negative consequences on individuals worldwide;

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