Brexit And Trademarks: Protecting IP During Political Upheaval

By Emily Scheible and Laura Echols

Emily Scheible

Given the recent changes in the makeup of the European Union, many companies are considering the various ways the U.K. exit will impact their business. Trademark owners, in particular, should determine whether their brands are sufficiently protected in important markets with consideration paid to proposed expansion plans and political developments. Registration of trademarks is just one way to protect your brands around the globe and use of the International Registration system (IR) may make sense for your business. However, there are many considerations involved in deciding whether to use the system and a quick highlight of advantages and disadvantages is presented below.

The IR is based upon an international agreement known as the Madrid Protocol. The U.S. began its participation in November 2004. Since then, it has been gaining popularity with U.S. brand owners due to its efficiency and cost effectiveness when expanding and protecting a brand globally.
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OFAC Offers Guidance on Dealings with Iran

By Jim Kearney

Jim Kearney

Under the Joint Comprehensive Plan of Action signed by the United States on January 16, 2016, certain nuclear-related secondary sanctions were lifted on Iran.  The partial lifting of sanctions in large measure does not apply to US companies, who continue to be broadly prohibited from engaging in transactions or dealings with Iran unless such activities are exempt or authorized by OFAC.

Under a general license issued by OFAC in January 2016, a non-US entity owned or controlled by a US person (a "US-Owned or Controlled Foreign Entity") is now authorized to engage in transactions, directly or indirectly, with the Government of Iran or any person subject to the jurisdiction of the Government of Iran even if such transaction would otherwise be prohibited if engaged in by a US person. This general license, however, does not authorize the re-exportation from a US-Owned or Controlled Foreign Entity of any US-origin goods, technology, or services.  

OFAC has now published guidance that clarifies the permissible activities of a US person who

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Future of U.K. Data Protection Laws Unclear

By Doug Bonner

As new British Prime Minister Theresa May assembles her new Cabinet, including a new Secretary of State for Exiting the European Union following the June 23, 2016 Brexit referendum outcome, the U.K.'s march forward to leave the EU does create uncertainty about whether the U.K. will continue to follow EU data protection laws, including implementation of the EU's new General Data Protection Regulation (“GDPR”), scheduled to become effective on May 25, 2018. Furthermore, the recently negotiated U.S./EU Privacy Shield, approved by the European Commission on July 12, 2016 as a replacement privacy regime for the EU-invalidated Safe Harbor, may face an uncertain future in the U.K. as well if it is not an available framework for multinational businesses to do business in the U.K. 

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