Recently, the International Association for the Protection of Intellectual Property (Association Internationale pour la Protection de la Propriété Intellectuelle/AIPPI) released an important resolution about trademark protection in the digital environment. Although they aren’t binding, these resolutions play an important role in relevant Intellectual Property issues – mostly due to AIPPI’s importance and to its approval procedures involving global intellectual property specialists.
In this sense, Resolution Q281 offers possible answers to problems that have been recently judged in Brazil.
Among these many issues, it was understood that the use of keywords, hashtags, third-party brands naming social media accounts or online stores, and even metatags can be considered violation of brand rights, in compliance with the requirements of each countries’ legislation.
As well as helping define which is the correct jurisdiction to assess this type of trademark violation – that is, which judge can decide if something is legal in a cross-borders digital environment –, the resolution also obliges digital platforms to have mechanisms such as “notice and takedown” in place to prevent violations on their websites.
Moreover, according to the AIPPI, once certain requirements are met, digital influencers are liable for any injuries to third-party trademark rights.
For more information about AIPPI resolutions, and to find out how to adapt your business to the best international practices, please contact our specialized Intellectual Property team!