Examining Trademark Issues in the MEASA Region

2013_tm_topics_230x230The International Trademark Association’s upcoming conference, “Hot Trademark Topics in the MEASA Region,” marks the first time INTA will host an educational event in the region comprising the Middle East, Asia and Africa. The event will take place December 9–10 at the Jumeirah Emirates Towers Hotel in Dubai, United Arab Emirates, and is being co-chaired by Hoda Barakat (Hoda Barakat Legal Consultancy, UAE) and Charles Shaban (Abu-Ghazaleh Intellectual Property, Jordan).

The conference will include three sessions on Public-Private Partnerships (PPPs), which are a key method of protecting trademarks in the region. Omar Shteiwi (Nestlé, UAE), who will be moderating a session on PPPs, says that signing Memorandums of Understanding (MOUs) with customs authorities, which is one type of PPP, is one of Nestlé’s most effective weapons for protecting its trademarks in the Middle East. Between 2005 and the present, Nestlé has signed 11 MOUs with customs authorities in the MEASA region, including Jordan, Egypt, Syria, Algeria, Togo, Benin, Guinea, Ghana, Vietnam, the Philippines and Lebanon. The agreements commit each party to meet several times per year to discuss key issues, as well as to educate. “These MOUs have been endorsed by our group management as a best practice because of the results we have achieved with them,” Mr. Shteiwi says. “Customs officials are the first line of defense—it is much easier to block and destroy counterfeit goods with their help.”

Charles Shaban (Abu-Ghazaleh Intellectual Property, Jordan), who is co-chairing INTA’s conference in Dubai, agrees. He feels that “PPPs are one of the most effective tools we have for helping our clients here.” Mr. Shaban’s firm has participated in training events with customs authorities in Jordan, the UAE and Saudi Arabia, with measurable results. “The customs authorities will now contact an official representative of the brand if they suspect there are goods that are not original,” Mr. Shaban says. “They weren’t doing that before the training.”

According to Mr. Shteiwi, between 2010 and 2012 Nestlé also noticed improvements as a result of the company’s MOUs with customs, which he describes as “true examples of successful PPPs.” Many of the authorities with which Nestlé has signed agreements have adopted more effective systems, and he believes that training sessions have resulted in greater awareness overall.

Co-chair of the INTA conference Hoda Barakat hopes that the December event will bring together key players in the trademark profession to engage and collaborate. In addition to PPPs, the conference will include sessions on other hot topics in the region, such as licensing, well-known marks, valuation and internationalized domain names (IDNs). “This event is a huge landmark,” says Ms. Barakat. “INTA is the biggest player in the trademark field, and I think it’s a great testament to what the UAE has been doing in the realm of IP that the conference will be held here.”

Mr. Shteiwi is similarly enthusiastic. He believes the PPP sessions will propel collaborative partnerships in the region forward by making attendees more aware of what they can do to help. “Partnership is a win-win situation,” says Mr. Shteiwi. “We are looking to establish relationships based on trust, and if we succeed, we are talking about the strongest relationships possible.”

To learn more about PPPs and other trademark topics in the MEASA region, register for “Hot Trademark Topics in the MEASA Region” here.  You can also read more about the conference and PPPs here.

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