Local Insights

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

Cwengile Cwele, with oversight from Chyreene Truluck of Spoor & Fisher South Africa, explains how the new process works and the implications for practitioners and rights holders

Pravir Palayathan of INLEX explains Mauritius’ customs-led system for protecting trademarks, regulating authorised importers and exporters, and swiftly seizing counterfeit goods

In New Zealand, trademark non-use revocation actions can be defended by showing there are special circumstances justifying the non-use (Trade Marks Act 2002 (NZ), Section 67, 66(2)). This article explores the framework for assessing special circumstances in New Zealand and discusses recent case law that deals with this issue.

On November 16 2020, the 2020 Revised Rules of Procedure for Intellectual Property Rights Cases (A.M. No. 10-3-10-SC) promulgated by the Supreme Court of the Philippines (SC) took effect. The object of the revised rules is to improve and expedite IP cases recognising that an effective IP system is vital to the development of domestic and creative activity, facilitating transfer of technology, attracting foreign investments and ensuring market access to Philippine products. This is the spirit of the IP Code or Republic Act 8293. The salient points of the revised rules are as follows:

In the past, Japanese patent litigations were notorious for being slow, having narrow claim interpretation, low damages awards, poor evidence collection procedures, and having a low winning rate. Cases and Materials on Patent Law, Second Edition says, "No countries' patent system has received more criticism than that of Japan. Among the chief complaints is that the courts award patent claims with an extremely narrow scope, and that the Doctrine of Equivalents does not exist at all." Global Patent Litigation: How and Where to Win, Third Edition, edited by Finnegan says that the winning rate of patentees from 2006 to 2016 was 24% in Japan, ranked second from the bottom out of the 10 countries. However, Japanese patent litigation has been reformed and is now transformed in order to be more convenient for patentees than ever before.

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

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

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

Eduardo Hallak, Juliana Neves, and Gabriela Monteiro of Licks Attorneys explain how Brazilian courts have reshaped divisional patent practice and assess the practical impact of the current framework

María Aurora García of Berken IP examines how Argentine courts are using dynamic injunctions to tackle illegal sports streaming, particularly in the context of major events such as the football World Cup

Brazil is establishing itself as a hub for biological agricultural formulations. Eduardo Hallak, Rafaella Oliveira, and Gislaine Zulli of Licks Attorneys analyse a fast-developing market and a decade of related patent activity

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

Fernanda Villalobos of Becerril, Coca & Becerril explains how Mexican trademark law now allows descriptive signs to acquire protection through market use and consumer recognition

Stephania Cardiel of Becerril, Coca & Becerril examines how recent reforms signal a regional move towards faster, more internationally aligned innovation systems

Raluca Vasilescu of Cabinet M Oproiu considers how patent applicants may need to adapt their approaches as a result of widespread political and economic uncertainty

Jean-Paul Wagner and Tiago Leal of Ipsilon Luxembourg explore recent judicial advancements and global trends shaping the future of AI innovation, and how to turn informed intellectual property strategies into engines of commercial success

Raluca Vasilescu of Cabinet M Oproiu finds that AI assistants are not very helpful for building and enforcing patent strategies – and explains why