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19 September 2018Trademarks

Marques 2018: French senator discusses 5 branding challenges

Richard Yung, a senator representing French citizens outside of France, outlined five major challenges that brands face today, as he kicked off the 2018 Marques Annual Conference in Paris.

Yung, who is also president of the National Anti-Counterfeiting Committee, made his remarks during the opening session today, September 19.

Brands contribute positively to Europe’s economy, and 20% of all jobs in the EU are generated by brands with extensive trademark portfolios, Yung said.

However, the senator noted that there are a number of threats to brands.

First, the introduction of plain packaging in the tobacco industry is a “drawback”, according to Yung.

“A brand is not just a name, it carries economic and financial consequences,” he explained, adding that imagery is as much a part of a brand as the name.

Second, Yung suggested that the “hijacking” of brands online is a budding problem, comparable to unfair competition.

He explained that entities are taking advantage of brands’ reputation through the purchase of Google AdWords, resulting in legitimate brands being forced to purchase their own name.

“This is not something that we can accept,” Yung said, arguing that urgent action must be taken to address this issue.

A third source of concern is Brexit, which “must not lead to a loss of existing IP rights”, he said.

The UK government has said that existing EU trademarks and Community designs will be automatically cloned on the UK registers.

Even if this is the case, Yung warned that Brexit will certainly make things more complex in the IP realm.

Fourth, Yung said that the prevalence of counterfeiting remains a major threat to brands.

Although police authorities and customs have been given enhanced power to tackle the challenge of fake goods, Yung said that new initiatives are needed as counterfeiting remains a primary concern.

Finally, he called for the creation of IP courts in France, modelled on the Intellectual Property Enterprise Court in the UK, to deal with small to medium IP violations. Yung believes this will facilitate faster access to justice and simplify the resolution of small IP disputes.

“The IP Enterprise Court in London is moving very fast and is very effective,” Yung said. He explained that the court deals with more than 200 cases per year, and he is hopeful that the same system can be introduced in France.

The 2018 Marques Annual Conference is taking place between Wednesday, September 19, and Friday, September 21, in Paris.

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