lead position
Patents
Lawyers at Lavoix provide an overview of the UPC’s approach to inventive step and whether the forum is promoting its own approach rather than following the EPO
November 6, 2025
Features list
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Ricardo D Nunes and Rafael S Romano of Daniel Law analyse the action taken by Brazil to deal with its patent backlog – the standardised office action programme -
Enrique A Diaz and Julio Prieto of Goodrich examine the law around trademarks and the reservation of rights in Mexico, as well as the problems that arise from the co-existence of both forms of protection and possible solutions
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Diego G Rossi, Gilberto Martínez Maldonado and Ana L Vargas of Iberbrand analyse the potential issues that can arise when seeking trademark and patent registration in Mexico and detail the firm’s ability to help clients with various issues
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Jorge Vega and Juan Carlos Hernández of Basham reflect on Mexico’s adoption of non-traditional trademarks a year ago, analysing the response to this decision as well as the challenges arising from it
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Victor Garrido of Dumont compares the American guidelines on patent eligibility with the Mexican practice, looking at a range of issues including the jurisdictions’ treatment of exceptions to patentability and business methods and software.
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The articles in this year's Americas IP Focus show a region in a state of flux. Nearly all the pieces in the supplement indicate a push towards change and development.
Local Insights
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Shiga International Patent Office
Masato Iida of Shiga International Patent Office says the decision by the Grand Panel of the Intellectual Property High Court provides a practical benchmark for calculating damages in cosmetic and medical patent infringement cases
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Berken IP
María Aurora García of Berken IP explains how Argentina’s evolving non-use cancellation system strengthens trademark integrity, streamlines registration, and promotes fairer market competition through efficient, partial, and administrative cancellation mechanisms
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Licks Attorneys
How UK extraterritorial decisions are undermining Brazilian judicial sovereignty and violating TRIPS
Senior patent attorneys at Licks Attorneys say recent UK court decisions on FRAND licensing conflict with Brazilian judicial sovereignty and the TRIPS framework governing the territorial independence of patents
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Gün and Partners
Selin Sinem Erciyas of Gün + Partners explores the growing alignment between Turkish courts and the Unified Patent Court in applying a strictly technical-functional standard for patent infringement by equivalence
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Liu, Shen & Associates
Wenjing Zhu of Liu, Shen & Associates explains how China’s administrative adjudication system is reshaping patent enforcement, offering faster, cost-effective, and technically expert resolutions for patentees, while preserving rights to pursue court remedies
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Wanhuida Intellectual Property
Minnan (Miranda) Xie of Wanhuida Intellectual Property analyses how China’s patent authorities and courts assess second medical use inventions, with key CNIPA decisions clarifying the treatment of dosage regimens and patient subgroups in novelty determinations
Sponsored by
Inventa
Vítor Palmela Fidalgo of Inventa examines how Portuguese case law diverges from EU rules on acquired distinctiveness, highlighting the Pão de Rio Maior decision and its implications for trademark interpretation and consumer protection
Sponsored by
Tilleke & Gibbins
Vietnam’s boom in AI-generated songs raises fundamental copyright questions, say Linh Duy Mai and Diep Thi Bich Le of T&G Law Firm LLC (TGVN), the local associate of Tilleke & Gibbins
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Hanol IP & Law
Min Son of Hanol IP & Law explains why the ruling by South Korea’s Intellectual Property High Court marks a key development in online patent enforcement
Sponsored by
Becerril, Coca & Becerril
Carlos Hernández León of Becerril, Coca & Becerril outlines how Mexico’s shift from NAFTA-based patent term extensions to the new SPC regime affects patent holders , particularly in pharmaceuticals, and the strategic steps to secure additional protection