Firm

In Brazil, the courts, rather than the Brazilian Patent and Trademark Office (BPTO), have the final say about the registration or cancellation of a patent, design or trade mark.

The name of the castle of Ludwig II of Bavaria, Neuschwanstein, was filed as a European trade mark by the Free State of Bavaria in many classes of goods and services (3, 8, 14-16, 18, 21, 25, 28, 30, 32-6, 38 and 44). As its validity was contested, the question arose as to whether such a name was descriptive of the geographical origin of the goods and services claimed in the application.

Mexico is a nation made up of diverse cultures supported by its indigenous people. The population that is considered indigenous represents 21.5% of the total population of the country.

When inventions/designs are disclosed to the public by one of the inventors/designers or applicants, a one year grace period is available in Korea for patent, utility model, and design applications.

In 2015, the Korean Supreme Court cleared the patent eligibility hurdle for dosage regimen inventions, and announced that dosage regimens are patentable if they satisfy other patentability requirements including novelty and inventiveness (Supreme Court en banc decision 2014Hu768, May 21 2015). In the first case where the inventiveness of a dosage invention was at issue (Patent Court decision 2015Heo7889, February 3 2017), the Korean Patent Court denied inventiveness on the ground that optimising dosage regimens to achieve the reduction of toxicity or improvement of efficacy is considered routine experimentation or work of a person having ordinary skill in the art (PHOSITA). This shows that Korea has a strict standard for the inventiveness of dosage regimen patents.

Jurisprudence has had fixed rules for a long time on the reconditioning of pharmaceutical products by parallel importers, without the consent of the trade mark owner.