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Articles contributed by Attorneys-At-Law Juridia Ltd
THE MARKETING SECTIONS OF THE CONSUMER PROTECTION ACT ARE RENEWED ON OCTOBER 1, 2008
Chapter 2 concerning marketing in the Finnish Consumer Protection Act shall be amended on October 1, 2008. At the same time a statute of the Council of State on improper actions in marketing and customer relations in respect of con-sumers comes into force. In the background of this reform of the legislation is an EU directive on improper commercial actions with which directive it is pursued to harmonize the consumer protection regulation of the EU countries in respect of the improper actions.
Changes in assessment of soil pollution
The Finnish Government issued a new decree on assessment of soil pollution and need of soil treatment. Practical significance the new legislation can have for instance in real estate transactions, where the question of soil pollution often arises. If contaminants are found in the soil of the sold property, the adequate treatment level will be assessed on the grounds of the new legislation.
Loss of the distinctiveness of a trademark
The Gibson Guitar Corporation (Gibson) brought a claim against Musamaailma Oy for the infringement of its trademarks by using GIBSON and LES PAUL when marketing and selling Tokai guitars and guitar equipment. The GIBSON and LES PAUL have been registered to Gibson in Finland. The alleged infringement occurred when the defendant used the words GIBSON and LES PAUL when marketing Tokai manufactured guitars in Finnish music magazines. Musamaailma claimed that the target group and magazines of the music business customarily refer to Les Paul type guitars and that Les Paul has turned into a common noun, which has a descriptive function. The key question is whether the registered trademark had lost its distinctiveness and become a designation of type.
The Great Reputation of your Brand…. can be registered in Finland from 15th of August 2007!
The National Board of Patents and Registration of Finland (“the NBPR of Finland”) is launching a new service product for corporate usage by establishing a list of trade marks that are well known in Finland.