World Intellectual Property Review


is published by: Newton Media Limited 15-17 Newton Way


Woolsthorpe-by-Colsterworth NG33 5NR United Kingdom


Telephone: +44 203 301 8200 Directors and publishers


Nicholas Lipinski and John Eddington Editor


Peter Scott Telephone: +44 203 301 8211


Email: pscott@newtonmedia.co.uk Sub-editor


Ros Bromwich Journalists


Mark Dugdale, Ed Conlon


Editorial assistant Rachael Steven


Associate publisher John Haley


Telephone: +44 203 301 8205 Email: jhaley@worldipreview.com


Advertising manager Matt Saunders


Telephone: +44 1926 423 781 Email: msaunders@worldipreview.com


Project managers Carlos Northon


Email: cnorthon@worldipreview.com Steve Aslett


Email: saslett@worldipreview.com Tom Curtiss


Email: tcurtiss@worldipreview.com


Subscription and circulation manager James Lynn


Email: jlynn@newtonmedia.co.uk


Administrative support Ksenija Nikolic


Email: knikolic@newtonmedia.co.uk


Production and design Fallon Design Associates


www.fallondesignassociates.com ©Newton Media Limited 2012


All rights reserved. No part of this publication


may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electrical, mechanical, photocopying, recording


or otherwise without the prior written permission of the publisher.


The views expressed in World Intellectual Property Review are not necessarily those


shared by the publisher, Newton Media Limited. Wishing to reflect the true nature of the market, we have included articles from a number of


sources, and the views expressed are those of the individual contributors. No responsibility or


liability is accepted by Newton Media Limited for any loss to any person, legal or physical, as a


result of any statement, fact or figure contained in World Intellectual Property Review.


This publication is not a substitute for advice on a specific transaction.


The publication of advertisements does not represent endorsement by the publisher.


World Intellectual Property Review: ISSN 1758-7528 (Print)


Cover image: shutterstock.com


WIPR is a registered trademark of Newton Media Ltd


www.worldipreview.com


Interestingly, Poland, which is a co-host of the European Football Championships this year, has not enacted event-specific legislation to deal with the threat. Indeed it is not entirely clear that Polish law offers much protection against ambush marketing at all. It will be very interesting to see how the different events unfold.


Of course, differences in IP regimes across countries are not new. One of the main difficulties faced by brands (or at least, one of the major costs), is having to take different approaches in different jurisdictions, whether because of the law, the culture, or the presence of bad actors in the local market. And with the Internet to factor in as well, many brands face an uphill struggle to keep things in check. In this issue, we hear from Industries Group, parent company of outdoor brand Moncler and others, about how it has overhauled its approach to anti-counterfeiting, and the difficulties it has faced in tackling imitators at home and abroad.


We also take a look at the people that help in that fight, with a focus on customs efforts around the world, and an interview with Erik Barnett, deputy director of European affairs at US Immigration and Customs Enforcement’s IPR Center, about that agency’s efforts.


As ever, we’d welcome your feedback, and please do come and see us at INTA. We’ll be at booth 243. Peter Scott Editor


EDITORIAL PANEL


Stefan Abel, partner, Bardehle Pagenberg


Roberto Arochi, partner, Arochi Marroquín & Lindner SC


Roberto Barchiesi, president, International AntiCounterfeiting Coalition


Colin Davies, director, Intellectual Property Law Unit, University of Glamorgan


Ronald Faggetter, managing partner, Smart & Biggar/ Fetherstonhaugh


Maurice Gonsalves, partner, Mallesons Stephen Jaques


Richard Gough, partner, Baker & McKenzie


Lewis Gould, partner, Duane Morris LLP


Chris McLeod, director of trademarks, Squire Sanders Hammonds


Jacqueline Needle, partner, Beck Greener


Sergio Olivares, partner, Olivares & Cia


John Pegram, senior principal, Fish and Richardson PC


Rebecca L. Roby, senior director of business affairs, Hard Rock International


Pier Luigi Roncaglia, partner, Studio Legale SIB


Mario Soerensen Garcia, founder and managing partner, Soerensen Garcia Advogados Associados


Paul J. Sutton, co-founding partner, Sutton Magidoff LLP


Geoff Wicks, chief executive officer, NetNames


Stephen Yang, partner, Peksung Intellectual Property


World Intellectual Property Review May/June 2012


EDITOR’S NOTE Olympian tasks


Here in London, Olympic fever is starting. If you live in this city, whether you think the Olympics will be a glorious celebration of international cooperation and British achievement, or a complete waste of money that cripples transport for two weeks, no-one will be able to avoid it. Te Olympic Games provide an almost unrivalled opportunity to sponsors; predictions of 4 billion television viewers, as well as the millions that will descend on London, mean that any advertiser associated with the Games will be reaching an awful lot of people. And that is what’s so tempting.


Te UK, like many hosts of international sporting events in the recent past, has enacted legislation expressly to safeguard sponsors’ exclusive rights. While such a move has led to fairly predictable hand- wringing in sections of the media, worried that it is too far-reaching in the protection it affords to corporations, you can see why the concerned parties think it’s important. Te level of money at stake is truly enormous. But that said, there is no guarantee that high-profile and controversial legislation is the most effective way to combat ambush marketing. Te aim of the ambusher is typically to secure as much exposure for itself as possible. And what better way to make sure everyone knows who you are than by being prosecuted for ambush marketing for activity during the Games?


3


Page 1  |  Page 2  |  Page 3  |  Page 4  |  Page 5  |  Page 6  |  Page 7  |  Page 8  |  Page 9  |  Page 10  |  Page 11  |  Page 12  |  Page 13  |  Page 14  |  Page 15  |  Page 16  |  Page 17  |  Page 18  |  Page 19  |  Page 20  |  Page 21  |  Page 22  |  Page 23  |  Page 24  |  Page 25  |  Page 26  |  Page 27  |  Page 28  |  Page 29  |  Page 30  |  Page 31  |  Page 32  |  Page 33  |  Page 34  |  Page 35  |  Page 36  |  Page 37  |  Page 38  |  Page 39  |  Page 40  |  Page 41  |  Page 42  |  Page 43  |  Page 44  |  Page 45  |  Page 46  |  Page 47  |  Page 48  |  Page 49  |  Page 50  |  Page 51  |  Page 52  |  Page 53  |  Page 54  |  Page 55  |  Page 56  |  Page 57  |  Page 58  |  Page 59  |  Page 60  |  Page 61  |  Page 62  |  Page 63  |  Page 64  |  Page 65  |  Page 66  |  Page 67  |  Page 68  |  Page 69  |  Page 70  |  Page 71  |  Page 72  |  Page 73  |  Page 74  |  Page 75  |  Page 76  |  Page 77  |  Page 78  |  Page 79  |  Page 80  |  Page 81  |  Page 82  |  Page 83  |  Page 84