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Visionary inventors have and will continue to revolutionize our world with their outstanding ideas. Curiosity, knowledge and determination of individuals are the basis for every great innovation.
As an IP boutique firm headquartered in Munich, Germany - home of the German Patent and Trademark Office (GPTO) and the European Patent Office (EPO) - we take the opportunity to help support and promote this year's IP Day.
In honor of the past and future inventors, the World Intellectual Property Organization (WIPO) has picked as this year's theme for the World Intellectual Property Day coming up on April 26, 2012 "Visionary Inventors" - as revealed on the official poster which we have posted here.
Albert Einstein once said: “Logic will get you from A to B. Imagination will take you everywhere”. From an economic point of view and with the increasing importance of knowledge as a driving force for innovation, IP rights are becoming more and more important. In the 21st century the challenges do not just include mastering economic recessions. Some of the main challenges include finding innovative solutions to significantly improve environmental protection and the use of natural resources, to secure food and health for a growing number of inhabitants on earth, et cetera. In all of these areas, human creativity, imagination and inventiveness will be essential to finding solutions for a sustainable future.
If you also want to support the World IP Day, please find more and detailed information at WIPO's website including the call to join in on WIPO's Facebook page in order to share your thoughts about innovators who inspire you and to tell us about
- an innovation which has improved your life
- a visionary inventor or creator whom you admire
- an innovator in your community who has made a difference.
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Copyright laws - among others in Germany - and the great difficulties to know and assess what is allowed - and what is not.
Stars like Elvis, Michael Jackson, Madonna and Lady Gaga are musical icons and partly already legends of music history. They are everywhere in our daily lives – on the radio, in commercials and we find their fashion in lifestyle and VIP magazines.
Copyright laws – among others - make such a financial commercialization possible. Copyrights grant the creator of a “work”, for example, the composer of a song, several exclusive rights like the right to publish the song, be credited for the work, to adapt the work to other forms and, most importantly, the right to copy the song and to determine who may perform the work and financially benefit from it. Similar rights are also granted other persons involved in the “creation” of the work, like the producer or performing artist who participate in the work.
QUESTION(S): What happens if a copyright is infringed? How far can one go without violating copyrights? Do you already violate copyrights if you imitate your idol’s style – and, can you sing their songs out loud if the song remains as a catchy tune in one´s ear?
Why are these questions and their answers so important? The violation and infringement of copyrights results in costly warning notices, cease and desist letters including undertaking commitments and/or (large) claims for damages.
AS A RULE OF THUMB: The private use of copyright protected works in general does not constitute a violation of copyright laws. It is also allowed to reproduce few (!) copies for private usage without having to worry about legal consequences.
Therefore, singing “What a beautiful day” under the shower in the morning does not infringe an existing copyright yet. Also, the presentation of one´s singing skills in front of close friends in the living room at home does not violate copyright law. However, everything going further than this is likely to be relevant to copyrights. A performance in public - and especially for the public - always requires the consent of the creator of the work and the participating actors. This is already the case, when the performance in the living room at home is put on YouTube.
Consequently, it is advisable to either perform only one´s own music in public or to enquire very carefully and thoroughly which consents are necessary.
But - for all fashionistas and fans of extravagant outfits of the stars: We have good news: You do not have to worry. Your Elvis-outfit does not have to disappear into your closet. The stars may be big trendsetters . However, their outfits and their appearances on the red carpet do not constitute “works of art” according to (German) copyright law. The one or other exception may need to be made, e.g. Lady Gaga in her raw meat dress. But honestly – who wants to look like THAT?
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The International Chamber of Commerce (ICC) together with its intitiative "Business Action to Stop Counterfeiting and Piracy" (BASCAP) has launched a unified consumer awareness campaign against counterfeiting.
The campaign was officially launched by BASCAP and its global partners from around the world - incl. Germany's Anti-Counterfeiting Organization APM who want to improve consumer awareness regarding the harms of counterfeiting and piracy. The aim and objective is to help consumers understand that counterfeit products are a real threat to health and safety, jobs and the economy.
On its new website BASCAP and its partners from China, France, Germany, Italy, Japan, Kenya, Korea, Sweden, Russia, Spain, Ukraine and United States explain why "FAKES COST MORE" - and why consumers should "BUY REAL". Businesses and organizations around the world, such as the World Intellectual Organization (WIPO), the World Custom's Organization (WCO), the International Trademark Association (INTA) and many more are working together to make consumers aware that it is everyone's responsibility to STOP BUYING FAKES.
Join the pledge: FAKES COST MORE - I BUY REAL as FAKES CAUSE CRIME - as one of the campain posters rightfully points out:
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ANSWER: Intellectual Property (IP) Rights - including trademarks, designs, utility models & patents.
The World Intellectual Property Organization (WIPO) just recently published its World IP Indicator 2011 Report.
Fact is, that Intellectual Property (IP) Rights have experienced a growth rate that is breathtaking.
- Patent filings grew by 7.2%
- Trademark filings grew even more so by 11,8%
in 2010 - compared to a 5.1% increase in global gross domestic product (GDP).
The growth comes from the larger IP offices around the world - the number one being
1. China with an increase of 24.3%, followed by
2. the European Patent Office (EPO) with an increase of 12.2%,
3. Singapore at 11.9%, followed by
4. the Russian Federation at 10.2%.
Special Highlight: TRADEMARKS - Germans file largest number worldwide
The year 2010 brought about the largest growth at an increase of 11.8% in trademark applications and an increase of 21.4% in trademark registrations worldwide. An estimated 3.66 million applications were filed globally, whereas, WIPO reports that Germans filed the most.
For more details see: Highlights WIPO IP Indicator Report
For statistical overviews, charts etc. broken down by IP Rights, countries etc. see: Statistics
The whole report with great and detailed information can be found at: Full WIPO IP Indicator Report 2011
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For more information about the venue, visit the website of Salt
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1. National Trademark Filings in Germany
The German Patent and Trademark Office (GPTO) in its Annual Report published the recent filing numbers of national trademarks applied for in Germany. Here is an overview of the number of trademark applications filed in 2007 - 2010:
- 2010: 69,072
- 2009: 69,069
- 2008: 73,903
- 2007: 76,165
2. Top Trademark Filers
With 147 trademarks, MIP METRO Group Intellectual Property GmbH & Co. KG headed the ranking of trademark applicants and owners listed by numbers of registrations in 2010. It was followed by Bayer AG (109 registrations) and Boehringer Ingelheim International GmbH (108 registrations).
For more detailed information please see the GPTO's Annual Report
3. Germany: Quick Registration Process
Important to know is that a German trademark is registered quickly. The GPTO has expedited and improved its examination process within the past two years. Registration on an average takes 6 - 8 weeks. However, by paying an extra 200 EURO official fees, the trademark applicant can request an "Expedited Request for Examination" at the GPTO. Thereby, the responsible GPTO Trademark Examiner reviews the application on an expedited basis. The German trademark application may be registered a lot quicker - usually within 2-3 weeks then.
It is extremely important to have a registered trademark in place, because infringement action(s) can in general only be based on registered trademark (or e.g. design) rights.
4. Specialized Intellectual Property (IP) Courts in Germany
Germany has specialized Intellectual Property Courts. This means that the judge(s) handling for example the trademark infringement cases are specialized in the fields of trademark, design, copyright, competition law etc. The responsible and called upon chambers (usually staffed with 3 judges at the Regional Courts) are experts in the field of IP and have a vast experience.
5. Preliminary Injuntions - a sharp weapon
One of the sharpest weapons against trademark infringers and/or counterfeiters in Germany is the Preliminary Injuntion (PI). The trademark owner via a German attorney files a request for a PI with the responsible German court called upon. The court usually decides very quickly. In case the infringement is clear, usually no oral hearing takes place and the potential infringer in the majority of PI cases is not heard. The German court renders a decision which is granted usually with 2 - 3 days after the request has been filed.
ANOTHER GERMAN SPECIALTY: Courts at German Trade Fairs
Not known by many is the fact that at certain international and well-known trade fairs taking place in Germany (such as the International Toy Fair in Nuremberg - the largest toy fair in the world - and the annual CeBIT - one of the largest trade fairs with respect to computer technology in Hannover) set up an IP court right on the premises of the trade fair. The judges reside in an interim court office just for the duration of the trade fair. In case the infringement is given, the court may even render a decision in clear-cut cases within hours - and thereby help IP owners protect their rights - quickly, effectively - and in a cost-effective manner.
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On 16 November 2011 LexDellmeier held a one-day seminar on the topic how the strategic creation, maintenance and defense of IP-rights can positively influence the company value.
The first part of the seminar featuring as speakers Alexandra Dellmeier-Beschorner and Barbara Niemann Fadani of LexDellmeier dealt with the creation of strong IP-rights and global application and registration strategies as well as the new, mainly internet-based infringement problems (e.g. adwords, wild cards etc.) and the latest German and European case law in this regard.
After a pleasant lunch, during which the attendees had the further occasion to discuss various "hot" topics with the speakers, the second part of the day started with an expert insight into the economic evaluation of trademarks. Speaker Johannes Spannagl of BrandNetworks explained in detail how his company has developed its own method of evaluating trademarks that is now recognized within Germany as one of three major evaluation methods.
The last part of the seminar took a close look at the maintenance and the defense of IP-rights covering topics such as monitoring IP rights, defense strategies, coexistence agreements and preliminary injunctions.
The day for the attendees from start-up companies and SME's ended with drinks and further "IP talk" at the cozy “Kaminbar” at the seminar venue.
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LexDellmeier bietet Unternehmern und Unternehmen die Gelegenheit bei diesem Seminar tiefere Einsicht zu gewinnen, wie eine gekonnte Strategie bei der Schaffung, der Eintragung und dem Schutz von IP-Rechten den Unternehmenswert steigern kann.
Weitere Informationen und das genaue Programm können Sie dem zum Download bereitgestellten Flyer entnehmen.
Download Seminarflyer (pdf)
Download Anmeldeformular (pdf)
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Yves Saint Laurent may still sell his red-soled shoes.
As we had reported before on LexDellmeier’s „Not just another IP-Blog“, the famous luxury shoe brand Christian Louboutin had sued the just as famous luxury fashion brand Yves Saint Laurent for damages because of an infringement of Christian Louboutin’s trademark right of the Red Sole. With a preliminary injunction they wanted to stop Yves Saint Laurent from selling the shoes that featured a red sole.
The New York court has now decided in this preliminary injunction procedure in favor of Yves Saint Laurent finding that they can still sell their shoes.
Federal judge Victor Marrero stated: „Because in the fashion industry colour serves ornamental and aesthetic functions vital to robust competition, the court finds that Louboutin is unlikely to be able to prove that its red outsole brand is entitled to trademark protection, even if it has gained enough public recognition in the market to have acquired secondary meaning.“ German Press reported that in spite of describing the glamorous effect of Louboutin’s Red Soles with nearly poetic words he did not see a right for the brand to exclude other shoe designers from using this element because there were “different reasons why they would do so”.Until now it is difficult to evaluate what consequences this decision might have on the trademark rights of Christian Louboutin regarding the Red Sole. It has to be seen what will be decided in the main proceeding and on what grounds the decision will be based.
From a European perspective we find it particularly interesting if this decision really means a turning point in trademark law or if the findings of it will have mainly an inter partes importance considering that it regards to competitors with an equal reputation.
Even though the press coverage throughout the world gave the impression that Louboutin’s trademark right was gone and from now on everybody could use red soles, it still has to be seen if this verdict will open the doors to the use of red soles for every shoe designer. Especially producers of cheap no name copies who evidently try to exploit the fame of the luxury brand by copying their look might not get the same result in court proceeding as Yves Saint Laurent did, who on the contrary has no interest in looking like Louboutin and surely needs no limelight of others.
According to our opinion, there is also a great difference between simply pimping up a pair of no-name shoes by adding a red sole, as it happens so often on street markets or online auctions, and creating a sophisticated collection of uni-colored shoes in different colors (not only red), where the sole matches the color of the upper leather, as it was the case with Yves Saint Laurent. In the first case, an infringement seems very likely in second one, the red sole is maybe a mere decorative element with no reference to another trademark.
However, currently and according to our information, Christian Louboutin does have trademark protection for the "red sole" in place in various juristictions around the world. The first verdict from the US does not mean that other countries will automatically have the same opinion.
We are curious how this case keeps developing - and will keep you posted: To be continued…….Post Date:
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