How the Legislation and Regulation Committee Makes an Impact on the Legal Ecosystem

The primary mission of the Legislation and Regulation Committee (LRC) is to monitor and provide in-depth analysis of legislative and regulatory developments relating to trademarks and complementary intellectual property (IP) rights around the world.

In line with INTA’s Strategic Plan, and with a view to promoting and reinforcing the value of brands in various jurisdictions, the LRC identifies deficiencies in existing laws and regulations—as well as in new bills—and advocates INTA’s policy positions to government officials and legislative bodies. It is a diplomatic effort that requires maintaining a fine equilibrium to advance the Association’s stance on relevant topics while respecting the particularities of each legal system.

Using successful tools and remedies, the LRC also acts as a promoter of the exchange of ideas, not only between relevant stakeholders and policy makers, but also within the Association, encouraging and actively seeking cross-committee interaction in the analysis of new pieces of legislation and regulation.

The LRC is divided into six regional subcommittees, each with a strong knowledge of INTA’s policy positions and Board resolutions. Earlier this year, members of the LRC U.S. Subcommittee met with U.S. Senate staff to discuss the proposed SHOP SAFE Act—which would update the rules of liability for e-commerce platforms that allow the sale of counterfeits by third-party merchants—and submitted formal comments to the U.S. Federal Trade Commission on its revised proposal to implement a new rule that would prohibit impersonation.

The Canadian Subcommittee has been particularly active analyzing and bringing to light concerns about Quebec’s Bill 96, which notably requires trademark owners to include French text on outdoor and in mall signs that display non-French trademarks and requires translations on product labels of certain descriptive or generic portions of non-French trademarks. Subcommittee members submitted comments to the Quebec government, identifying important ambiguities in the draft regulation. INTA’s comments reflected extensive consultation and discussions with a broad range of interested parties, both within INTA and with trade groups and other associations. INTA was widely credited for raising concerns and contributing to several of the changes that the Quebec government made to the final regulation.

The Latin America and Caribbean Subcommittee most recently prepared a submission on behalf of INTA before the Government of the Commonwealth of the Bahamas with comments on the draft Bahamas Geographical Indications and Trademark Law Amendment Bill and Regulations 2023.

Across the Atlantic, the European Subcommittee conducted a thorough analysis of Italian Law No. 206, which entered into force in January 2024. The law contains rules on specific certification for products made in Italy, the registration of historical marks, and the registration of trademarks “by places of culture.”

During the last months of 2023, a cross-committee task force was created at the request of the LRC to review and propose amendments to INTA’s current Model Trademark Law Guidelines, which were last reviewed and approved in 2019, to ensure that they continue to provide effective guidance on best practices for the legal frameworks that govern trademarks. The final draft has been reviewed and approved by the full LRC and is currently being analyzed by several other committees. The revised Model Trademark Law Guidelines will be submitted to INTA’s Board of Directors prior to the 2024 Leadership Meeting taking place in New Orleans, Louisiana, USA, in November.

Once the revised Model Trademark Law Guidelines are approved, the next priority for the LRC will be to use the revised Guidelines to identify possible weaknesses or other issues in national trademark legislation so that the Association can advocate for solutions or improvements. The successful accomplishment of this task will also require further interaction with other committees—which again demonstrates the importance of cross-committee teamwork to advance the interests of INTA members.

Overall, the LRC supports the creation and implementation of stronger and more effective legal frameworks to protect trademarks and complementary IP rights. It leverages the experience and expertise of INTA members to support real-world policy changes that serve the best interests of both brand owners and consumers.

Although every effort has been made to verify the accuracy of this article, readers are urged to check independently on matters of specific concern or interest.

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