A special publication to mark the 75th anniversary A special publication to mark the 75th anniversary

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  • A special publication to mark the 75th anniversary of the Institute of Trade Mark Attorneys

    From the publishers of

    75 Moving with the times The changing role of the trademark attorney

    ITMA’s history in focus 75 years of achievement

    The next 25 years Independent regulation, improved education

    International updates Trademark law from around the world

    CELEBRATING ITMA

    ITMA’s history in focus 75 years of achievement

    The next 25 years Independent regulation, improved education

    International updates Trademark law from around the world

    Moving with the times The changing role of the trademark attorney

    01 Cover AMERICAS 09.qxd 29/9/09 11:53 am Page 1

  • www.ipworld.com Celebrating ITMA | 2009 | 3

    EEddiittoorr:: Rebecca Evans Tel: +44 (0)20 7017 7616 rebecca.evans@informa.com

    SSaalleess ddiirreeccttoorr:: Chris Dooley Tel: +44 (0)207 017 5119 christopher.dooley@informa.com

    LLeeggaall ppuubblliisshhiinngg mmaannaaggeerr:: Nicholas House Tel: +44 (0)20 7017 7344 nicholas.house@informa.com

    AAddvveerrttiissiinngg mmaannaaggeerr:: Nigel Miller Tel: +44 (0)20 3377 3513 nigel.miller@informa.com

    MMaarrkkeettiinngg MMaannaaggeerr:: Justine Boucher Tel: +44 (0)20 7017 5179 justine.boucher@informa.com

    HHeeaadd ooff pprroodduuccttiioonn:: Liz Lewis DDeessiiggnneerr:: Wiebke Forrester

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    IP subscriptions manager Helen James Tel: +44 (0)20 7017 5268 Fax: +44 (0)20 7017 4093 helen.james@informa.com

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    Published by: Informa Law, Telephone House, 69-77 Paul Street, London EC2A 4LQ, UK www.ipworld.com

    Printed by: Lavenham Press

    Whilst every effort has been made to ensure

    that the information contained in this journal is

    correct neither the editor and contributors nor

    Informa UK Limited can accept any responsibility

    for any errors or omissions or for any

    consequences resulting therefrom.

    © Informa UK Limited 2009, and contributors.

    The contents of this journal are protected under

    the copyright law of the United Kingdom, the

    Berne Convention and the Universal Copyright

    Convention. Any unauthorised copying of the

    journal may be in breach of both civil and

    criminal law. Infringers will be prosecuted.

    From the publishers of:

    05 | OPEN LETTER FROM ITMA’S PRESIDENT Gillian Deas on 75 years of achievement

    06 | ITMA’S FIRST QUARTER-CENTURY – 1934 TO 1959 David Evans traces ITMA’s growth during its first 25 years

    11 | MIDDLE 25 YEARS OF ITMA – 1959 TO 1984 Keith Havelock reflects on a time of consolidation for the institute

    15 | ITMA’S PAST QUARTER-CENTURY – 1984 TO 2009 Richard Abnett analyses 25 years of change

    19 | THE NEXT 25 YEARS – 2009 TO 2034 Ian Buchan looks to ITMA’s future

    22 | THE CHANGING ROLE OF THE TRADEMARK ATTORNEY Maggie Ramage highlights changes and challenges facing the profession

    24 | GEOGRAPHIC INDICATIONS IN INDIA Sunita K Sreedharan of SKS Law Associates on the benefits and challenges of GI protection

    26 | GENERIC TOP-LEVEL DOMAIN NAMES Katy Cullen of Walker Morris discusses the new gTLDs

    28 | ROMANIAN TRADEMARK LAW Dragos Vilau and Ionut Lupsa of Vilau & Mitel on a recent amendment

    31 | ANYONE FOR LOOKALIKES? Tom Farrand of Harrison Goddard Foote discusses own-label and lookalike products

    33 | ROMANIA’S FIRST UTILITY MODEL Doina F. Tuluca and Ana-Maria Baciu explain what can be protected under Romania’s new utility model law

    35 | A FAMILIAR SERVICE IN THE STRANGEST OF PLACES Lysaght’s IP expertise covers more than 140 jurisdictions

    36 | COMPARATIVE ADVERTISING IN INDIA Ameet Datta of Luthra & Luthra on free speech versus disparagement

    38 | ITALY’S INDUSTRIAL PROPERTY CODE Edith van den Eede and Julia Holden of Trevisan & Cuonzo Awocati summarise Italy’s reinforced IP protection

    CELEBRATING 75 YEARS OF ITMA

    03 ITMA Contents.qxd 29/9/09 11:59 am Page 3

  • www.ipworld.com Celebrating ITMA | 2009 | 5

    THIS SUPPLEMENT IS BROUGHT TO YOU BY THE PUBLISHERS OF:

    For over 20 years Trademark World has covered the latest changes and developments in international trademark law through a combination of in-depth feature articles, commentary on the latest cases and a comprehensive international news section. Our global editorial board reveal, analyse and discuss important trademark law and business issues. You can rely on this essential resource to put each topic into context and keep you fully informed of the practical approaches to key developments in your industry. PPrriiccee:: £849 / €1146 / US$1698 / S$2547

    Patent World is the leading monthly magazine that focuses specifically on patent law developments around the globe. Launched over 20 years ago, Patent World has consistently delivered the most reliable and incisive commentary on all the key developments that IP lawyers and practitioners need to be aware of. The latest news, case commentary and analysis is brought to you from our expert international editorial board of patent agents and lawyers, so you know you are reading the most reliable information available. PPrriiccee:: £849 / €1146 / US$1698 / S$2547

    Copyright World Copyright World is the only magazine focussed on developments in international copyright law, providing you with a unique balance of news, case comments, practical features and in-depth legal analysis. Our editorial board of leading experts from around the world ensure you are kept up to date with the cases, legislative trends and IP issues that really count, bringing you analysis of the key issues and explaining how they affect your business. PPrriiccee:: £769 / €1038 / US$1538 / S$2307

    ipworld.com is the newly relaunched intellectual property law website from Informa Law. This online service provides you with a host of useful tools and features including: continuously updated IP news; a fully searchable, global IP lawyers directory; an IP Planner to help you organise your diary; and People Watch so you can keep up to date with the movers and shakers in your industry. To sign up for a free two-week trial and our popular weekly IP law news e-alerts, visit www.ipworld.com.

    Dear Members,

    I am delighted to be President of ITMA in the year in whichwe celebrate our 75th anniversary. I hope that as many asyou as possible will join me at the Royal College of Surgeons for a celebratory drink and canapés after work on the evening of 24 November 2009, which is the actual anniversary date.

    In the following pages, you will read articles from former Presidents on the first 25 years of ITMA’s existence, the middle and second 25 years and the last 25 years. During the first 25 years we saw the introduction of the 1938 Act which was with us for 56 years, in the second 25 years we saw the

    UK joining the European Union and the effect that European Union law had on this country, and in the third 25 years we saw the introduction of the 1994 Act, the setting up of OHIM and the Community Trade Marks Register, the accession of the UK to the Madrid Protocol with many other territories subsequently following our example, and the introduction of the Community Design. In addition, we have seen a hugely enlarged European Union.

    Ian Buchan, another past President, will write on the next 25 years which will include our requirement to be regulated under the Legal Services Act, the new education system which will greatly enhance our standing as part of the legal profession overall as well as, I hope, far greater emphasis on Trade Mark Attorneys as litigators. His article has been written with considerable assistance from another former President, Phil Harris and I am indebted to them both.

    Finally, in the succeeding pages, Maggie Ramage, the First Vice President of ITMA and, I hope, my successor next year, will be writing on the changing role of the Trade Mark Attorney.

    I joined the profession in 1967 when there were very few female Trade Mark Agents. Certainly, when I first joined the profession after leaving school at 18 with A levels, it did not occur to me that I would one day qualify as a trademark attorney, yet alone ever be President. The practice in the company I joined was for “the men” to be the Trade Mark Agents and “the girls” to be eternal assistants. Even the first woman President, the greatly respected Ms. Sheila Lesley, had yet to take her place as the first female President of the Institute.

    Times have changed hugely over the past 40 years but the one thing that I have realised is that it is vital to move with the times. After all, as the human race, we have only survived by being able to evolve.

    I hope that in the years ahead Institute members will continue to evolve and keep pace with the times and I wish you all the very best whether you are moving towards the end of your career as a Trade Mark Attorney or whether you are just starting out in the profession.

    With my warmest wishes

    Reflecting on the past, moving with the times

    OPEN LETTER FROM ITMA PRESIDENT

    Gillian Deas President,

    Institute of Trade Mark Attorneys

    05_ITMA Welcome.qxd 28/9/09 6:27 pm Page 5

  • 6 | Celebrating ITMA | 2009 www.ipworld.com

    K ITMA: THE FIRST 25 YEARS

    David Evans reflects on the first 25 years of ITM