Wednesday, 27 May 2009 18:21

RAPID LEGAL DEVELOPMENT FOLLOWS ECONOMIC SUCCESS

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Until recent times, countries like Brazil, Russia, India, and China have sometimes been viewed by foreign brand owners as offering insufficient trademark protection.  Increasingly, however, the economic successes of these rapidly developing economies appear to be nurturing increasingly sophisticated and responsive legal systems, and particularly with respect to trademark law.  Moreover, as these economies become increasingly consumer-oriented, their success appears to be opening new markets for foreign brands, while concurrently providing improved legal protection.
 
One article of interest that summarizes related issues for brand owners can be found at Managing Intellectual Property.  As noted, brand owners will want to become familiar with the law and culture for each jurisdiction and, in many instances, will want to plan on securing trademark (and other IP) protection before doing business in a particular jurisdiction. 
 
The changing legal landscape in these jurisdictions may also aid in policing downstream issues, such as gray market activity.  Whether based on a policy of protecting consumers in general or on protecting the workers who would produce and/or sell such goods at otherwise competitive market prices, one example of internal enforcement against parallel market imports - in Russia - can be found at the Gray Blog.  Regardless of the motivation, as the producers and consumers in countries like Russia increasingly experience the negative effects of unfair competition, public policy and laws should continue to develop and keep pace with the economic success.
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Jason LaCosse

As a Registered Patent Attorney, Mr. LaCosse concentrates his practice in Patent and Trademark Prosecution, Intellectual Property Enforcement, and Licensing. He maintains an AV-Preeminent peer rating by Martindale-Hubbell, is Board Certified by the Florida Bar as an expert in Intellectual Property Law, and is licensed to practice in the U.S. District Court for the Southern and Middle Districts of Florida. Mr. LaCosse is an active member of the Dade County Bar Association, serving on the DCBA Membership Committee and the DCBA Intellectual Property Committee. Mr. LaCosse earned his bachelor's degree in Applied Physics with honors from Michigan Tech, his master’s degree in Electrical Engineering from the University of Michigan, and his law degree from the University of Denver.