On February 8, 2017, the European Observatory on Infringements of Intellectual Property Rights (Observatory) published its tenth sectorial study on the impacts of counterfeits in the pesticide and agrochemical sector. The Observatory, based at the European Union Intellectual Property Office (EUIPO) in Alicante, Spain, works to provide evidence-based data on the impact of intellectual property on the economy of the European Union (EU) as well as on its role and public perception. A full list of the Observatory’s intellectual property studies can be found here.
The Observatory previously published sectorial studies on the following: cosmetics and personal care; clothing, footwear, and accessories; sports goods; toys and games; jewelry and watches; handbags and luggage; recorded music; spirits and wine; and pharmaceuticals. The Observatory’s tenth sectorial study analyzes the negative impact of counterfeiting on businesses, governments, and consumers and highlights two case studies where counterfeit pesticides were seized.
Some highlights of the study include:
- The biggest producer of pesticides in the EU is Germany, with €4 billion in sales, followed by France, with €3.5 billion in sales, with an estimated loss of 500 jobs per year in both countries.
- The total lost sales in the pesticides sector in the United Kingdom is estimated at €76 million each year, with an estimated 200 jobs lost.
- The EU pesticides industry consists of more than 600 enterprises, with an average of 35 workers per firm.
- The direct estimate of sales lost by legitimate manufacturers of pesticides in the EU is €1.3 billion.
- Total lost taxes on the counterfeit products is estimated to be €2.8 billion.
The full study is available here.
Published: 2/24/2017 4:27 AM
BlogTag: Anticounterfeiting; Counterfeit; Counterfeiting
Source: TM NEWS
INTA’s newest searchable guide is now online and available to INTA members everywhere. Enforcement: An International Litigation Guide, with more than 40 jurisdictions and more to be added soon, is a ready reference for quick information on the key aspects of trademark litigation practice. From pre-filing requirements to emergency proceedings to remedies, costs and post judgment relief, the searchable guide provides basic, essential information helpful to selecting a venue in multi-jurisdictional infringement controversies. The guide is designed to provide a first overview to help direct consideration and discussion with counsel in jurisdictions of interest. With increased globalization of infringement controversies, the guide satisfies an important need for practical comparison of litigation options in varying jurisdictions.
David Allison (Bird & Bird), one of Enforcement Guide’s principal editors, discussed the guide during its rollout at the 2017 Leadership Meeting in Hollywood, Florida. Please watch David’s video and visit the Enforcement landing page to learn more about this exciting new resource.
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Published: 2/23/2017 6:05 AM
Source: TM NEWS
Four (unsuccessful) public policy challenges to arbitration awards
Courts continue to carefully scrutinize challenges to arbitration awards based on claims that the award is contrary to public policy. In Cuyahoga Metropolitan Housing Authority v. Fraternal Order of Police, Ohio Labor Council, the Ohio Court of Appeals rejected the agency’s request to vacate an award that converted a termination of a CMHA detective into a thirty day suspension. The Court, with one dissent, found that it was bound by the arbitrator’s factual findings that the detective had not used excessive force, nor had he been dishonest as the agency had alleged. Given these factual findings the Court found no basis to overturn the award. In City of Guthrie v. Fraternal Order of Police, Lodge 105 the Oklahoma Court of Civil Appeals similarly rejected the City’s challenge to the award of Arbitrator Mark Reed which reduced the discipline of a police lieutenant accused of improperly arresting the former husband of his girlfriend. The court found no public policy impediment to enforcement of the decision imposing a suspension rather than a termination. In Jersey City POBA v. City of Jersey City the NJ Superior Court found no “contractual, administrative, legislative, or legal authority” compelling it to vacate an award ordering the City to pay terminal leave benefits to an officer who retired during the pendency of criminal proceeding against him. Finally, in Cornwall-Lebanon School District, v. Cornwall-Lebanon Education Association, the Pennsylvania Commonwealth Court reversed a lower court’s decision vacating an award as contrary to public policy. An arbitrator had converted the discipline of a teacher, who had a sexual relationship with a student starting on her graduation night and who was alleged to have lied about it, from termination to a one year suspension. The lower court concluded that termination would prevent future inappropriate conduct and that a teacher who had lied was not an appropriate mentor for students. The Commonwealth Court found that the lower court had improperly reweighed the evidence, and noted that the arbitrator had imposed an appropriate remedy for the misconduct he found. Accordingly, and “[k]eeping in mind that the public policy exception is narrow” the Court reversed.
Arbitrator finds exchange of racist and pornographic emails justified termination
Arbitrator James Reynolds denied the grievance filed on behalf of Miami Beach Police Lieutenant who had been terminated for distributing racially and sexually charged emails with other members of the police department. Rejecting the Union challenge to the timeliness of the investigation, and claims of disparate treatment and double jeopardy (arising from prior undocumented counseling and a demotion from a non bargaining unit position) Arbitrator Reynolds found grievant’s actions “shameful and disgraceful” and sustained the termination.
Court erred in hearing testimony on petition to vacate arbitration award
The City of Norwalk, CT terminated the employment of a police sergeant who had allegedly informed another officer of a criminal investigation against him. The termination was grieved and ultimately heard by a panel of the Connecticut Board of Mediation and Arbitration. The panel (2-1) upheld the termination. In doing so it rejected the sergeant’s claim that he had been subjected to double jeopardy because he had been reassigned to a different position after discovery of his actions. The panel rejected this claim, finding that no grievance had been filed about the transfer and that a transfer was not disciplinary. The Union sought to vacate the award, claiming that it was in manifest disregard of the law since it ignored the “long standing ” principle that double jeopardy was part of the just cause analysis. The trial court ordered a hearing and allowed the Union to present testimony on the circumstances surrounding the grievant’s transfer. After hearing testimony the trial court concluded that because the City had no right to discipline grievant twice for the same event there was no just cause for the termination. Accordingly, it vacated the award.
The City appealed and the Connecticut Supreme Court unanimously reversed. It held:
We conclude … that the trial court improperly allowed Couture [the grievant] to give testimony on the issue and substituted its finding that Rilling’s reassignment of Couture to the patrol division constituted discipline for the arbitration board’s finding to the contrary. Because the trial court’s conclusion that Couture was subject to double jeopardy was predicated on this finding, and because this conclusion, in turn, provided the basis for the court’s determination that the arbitration award was in manifest disregard of the law, that determination cannot stand. Accordingly, we conclude that the trial court improperly vacated the award of the arbitration board.
Have you secured your spot for the 2017 Annual Meeting in Barcelona, Spain? If so, stay up to date with everything through the Annual Meeting mobile app!
Download the app. For smartphones, visit the Apple App Store or Google Play Store and search for “INTA 2017.” If you are accessing the mobile app via a desktop or laptop, click here to access the app via a web browser.
Create a username and password. When you first download the app, you will be prompted to create a username and password. The next time you use your app on the same device, you will not need to log in. However, when you download the app on other devices, you will need to log in using your username and password.
Check out the latest features:
- Attendees: The attendee portal will be updated every hour. If you register for the INTA Annual Meeting and do not see your name on the attendee portal, please be patient and wait a couple of hours before contacting INTA.
- Schedule: The entire Annual Meeting program is available on the mobile app. The schedule highlights speakers, a full course description, and costs. Once room numbers become available, the mobile app will be updated. Room locations can then be viewed through an interactive map and directions can be obtained onsite. Note: there will be no printed schedule on-site at the Annual Meeting. Registrants are asked to download the mobile app and read the INTA Daily for the full meeting schedule.
- MyShow: Using this feature, you can view, build, and edit your meeting schedule, your in-app contact list, and your social itinerary and can add personalized notes.
- Speakers: See a full list of speakers that will be at this year’s Annual Meeting.
- Hotels & Venues: Since there are more hotels included in this year’s Annual Meeting registration, we offer a full map that outlines where everything is located throughout the city of Barcelona.
- Committees: View a full list of committee meetings. Room numbers will be added once they become available.
- Floor Plans: Refer to the floor plans for the Fira Gran Via to ensure you are never lost during the Annual Meeting. This will be coming soon!
- Sponsors: A big thank you to this year’s 2017 Annual Meeting sponsors!
- Exhibitors: A full list of the 100+ exhibitors that will be attending this year’s Annual Meeting will be coming soon.
- Social Feed: Join the conversation! Stay up to date with all of the Annual Meeting conversations happening on social media through this portal. Be sure to use the official meeting hashtag (#INTA17) as well when you’re posting.
Customize the app. Use the Annual Meeting mobile app to build out your personalized schedule, find registrants to contact, learn more about the education sessions, and see which exhibitors will be attending. Your customized schedule will also be available every time you access the mobile app with your username.
Get updates automatically. The app will be updated periodically. We advise users to allow the app to update automatically on their devices. Once an update has been made, you will be prompted to hit the “Sync” button in the app.
Allow notifications. During the Annual Meeting, INTA may send out occasional push notifications to share important information such as room or schedule changes and to remind everyone about exciting happenings! Please choose “allow” to let the INTA mobile app send you push notifications in order to be up to date.
Download the app today!
Please note that the 2016 Annual Meeting Mobile App reflects the current time zone of the users’ phone. Once you travel to Barcelona the app will automatically adjust to the correct time zone.
Published: 2/17/2017 6:04 AM
BlogTag: Annual Meeting; Programming; Spain
Source: TM NEWS