Soft Focus

As the law continues to develop across jurisdictions, we bring together current developments and practical analysis to help you track key changes in trade marks, designs and copyright, and understand their implications for rights holders, brand owners, creators and businesses operating internationally.

In this issue, we examine significant trade mark decisions on distinctiveness, likelihood of confusion, reputation and exhaustion, including rulings concerning luxury upcycling, branded product bundles, coexistence agreements and online targeting. We also consider the extensive revision of China’s trade mark law, Saudi Arabia’s accession to the Madrid Protocol, and developments affecting trade mark enforcement and remedies across Europe and the UK.
We report on the modernised EU design framework, including new protection for digital and animated designs, strengthened enforcement rights and revised filing procedures. The copyright section covers key developments concerning online platforms, geo-blocking, AI-generated content and AI training, as well as decisions on television formats, photographs, software, digital marketplaces and large-scale online infringement. This edition also highlights important legislative reforms in China and Saudi Arabia and developments affecting geographical indications and international design classification.

Read on for highlights of the developments and the practical issues they raise for those managing, protecting and enforcing intellectual property rights. If you would like to subscribe to Soft Focus and receive future editions directly, please click the ‘Subscribe’ link at the foot of this page.

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With thanks to the following key contacts who contributed to this edition in addition to those featured below:

• Huw Cookson

• Lisa Highet

• Chloe Gastrell

• Tiffany Chu

• Lassi Lepistö

• Roosa Teittinen

• Alexis Perchec

• Nicola Lattanzi  

• Francesca Arangino 

• Bas Peper

• Sophie Wiegant

• Mariana Goncalves 

• Paulo Neves 

• Francsico Lopez Blanco

• Andrew Garbett 

• Dan Jackson

• Teniola Alao

• Kate Kirk-Murphy