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Expert Analysis

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Sponsored by Zacco
Peter Gustav Olson of Zacco draws on recent case law to consider whether the EUIPO is changing its approach to enforcement as AI drives a rapid software evolution
April 29, 2026
Features list
  • Registering part of your brand name separately can protect a range of new products, but registering it will not be easy. Mike Lynd gives his advice
  • Recent unrest is unlikely to halt the long-term development of markets in north Africa. Edward Hardcastle and Nadeen Helou provide a guide to enforcing trade mark rights
  • Australia’s pro-competition policy is the best place to start when trying to predict how courts will respond to parallel import cases of trade mark infringement, says Joanne Martin. The same applies to the US, UK and China
  • Peter J Kinsella identifies five of the most commonly overlooked issues in IP licensing agreements
  • Descriptive marks can be great for marketing a product, but difficult to defend and enforce. Bonita Trimmer argues that a series of cases in Europe is making that a little bit easier
  • After attracting headlines for good and bad reasons in 2009, China’s IP system had a quieter 2010. There was no litigation to rival that of Chint v Schneider and no new legislation to match the third amendment to the Patent Law. The implementing regulations for that amendment have so far caused few problems for patent owners. Worries about the length of time it would take SIPO to do a secrecy examination for foreign filings have so far proved unfounded, with a response time of two to three weeks being the norm. Companies doing R&D in China remain concerned about how the inventor remuneration policies will be interpreted by the courts, but no cases have emerged of yet. IP practitioners are still waiting for the first case to test the IP provisions of the Anti-Monopoly Law.
Local Insights
Sponsored by Gün + Partners
A Turkish case highlights the importance of Article 138(3) when patent claims are amended during an invalidation action, say Selin Sinem Erciyas, Aysel Korkmaz Yatkın, and Bengü Şen Gürakan of Gün + Partners
Sponsored by Hechanova Group
The proposal clarifies what constitutes proof of commercial use of a trademark in the country, report Editha R Hechanova, Noemi P Rivera, and Lance Freidrich Phillipe M Asido of Hechanova Group
Sponsored by Inspicos
Jakob Pade Frederiksen of Inspicos provides a status update on the pending case in the lead-up to oral proceedings before the EPO Enlarged Board of Appeal on May 8 2026
Sponsored by Hanol IP & Law
Min Son of Hanol IP & Law analyses a Supreme Court ruling clarifying that prosecution history in a parent application can later limit the scope of divisional patent claims
Sponsored by INLEX
Igor Charles and Fatima Chirazi of INLEX report on the rejection of Decathlon’s design, unfair competition, and parasitism claims over snorkelling masks, confirming a narrow scope of protection where design freedom is constrained
Sponsored by INLEX
Social media-fuelled demand for luxury counterfeits such as the ‘Takealot Tirkin’ is reshaping consumer culture across Africa and raising pressing questions for brands. Haadya Mosafeer of INLEX finds a potential answer in Mauritius’ response
Sponsored by Tilleke & Gibbins
Decree 134 modernises Vietnam’s copyright and related rights framework in response to rapid digital transformation, explains Thuy Thi Ngoc Huynh of T&G Law Firm LLC (TGVN), the local associate of Tilleke & Gibbins
Sponsored by Tilleke & Gibbins
Khin Myo Myo Aye and Niko Myint Soe of Tilleke & Gibbins outline the key filing requirements and practical considerations for securing industrial design protection under Myanmar’s developing registration system
Sponsored by Becerril, Coca & Becerril
Luis Emilio Moncada of Becerril, Coca & Becerril explains why provisional measures are an increasingly valuable mechanism under Mexican intellectual property law as the country prepares to co-host the football World Cup
Sponsored by RNA, Technology and IP Attorneys
Ranjan Narula and Shipra Alisha Philip of RNA, Technology and IP Attorneys analyse the High Court of Delhi ruling that clarifies when the use of copyrighted footage constitutes fair dealing and trivial copying