South Africa, India secure U.S. marks; recent Commonwealth decisions should benefit U.S. companies doing business in these forums

Article Abstract:

Decisions by the South African and Indian high courts showed a positive attitude on the part of two key common-law countries to protect well-known, foreign trademarks. The South African case involved the McDonalds mark and enjoined two local South African companies from its use. This was good news for US firms doing business in Commonwealth countries. The Indian case involved the Whirlpool Corp. and the common-law principles of passing off. These principles recognized international reputation and the hardships foreign firms had had in the past in doing business in India.

United States, International aspects, South Africa, India

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Foreign marks in Africa don't always get a break; obtaining IP protection in Africa requres understanding local laws and their historical foundations

Article Abstract:

Intellectual property rights in Africa generally operate in accordance with the legal system that colonial states' European colonizers used, with a variety of modifications. Companies contemplating future activity on the continent should act now to secure registrations, following local requirements. Many of these are based on English common law, notably in S Africa, which has the most developed legal system and tradition regarding intellectual property. The recent McDonald's case in S Africa is described.

Africa

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Poland's IP laws open doors to foreign trade; the former communist country is fostering private enterprise by reforming trademark laws

Article Abstract:

Poland again became a market economy in 1989 and started building a legal system which encouraged private enterprise. The bases for its trademark framework are domestic law and international treaty. The country's 1985 trademark law has been twice amended since 1989. The Act of April 16, 1993 on Preventing Unfair Competition provides further trademark protection. Poland is also signatory to numerous international intellectual property treaties. The 1985 act and its amendments are detailed.

Poland

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