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Grand Designs for Trademark Counsel

  • 10.02.13
  • World Trademark Review
Tracy Durkin was quoted in the article "Grand Designs for Trademark Counsel" published in the October/November issue of World Trademark Review. The article focuses on the increasing trend of in-house trademark counsel handling design rights protection. In addition, the article discusses the different patent systems in place around the world and what these systems mean for those seeking protection for their designs.
Durkin notes that in countries such as Canada, Japan, South Korea, and the United States, "a novelty search is done along with actual comparisons to the prior art….At the end of that process, the right you get has a little more teeth to it." However, in countries with registration-based systems such as China and the European Union "there is no comparison of the prior art and no presumption of validity when you come to court with that right."
To read the full article, download the attached PDF. 

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