Local Insights

Herman Blignaut of Spoor & Fisher South Africa addresses whether the act extends to intellectual property rights and reassures brand owners that constitutional protection remains intact

David Cochrane of Spoor & Fisher South Africa explains the key updates under the act, which strengthens breeder protections while supporting vulnerable farmers and aligning with international norms

Jen Colantoni of Spoor & Fisher summarises Libya’s new $2,000 annual trademark renewal fee for foreign applicants and alerts brand owners to several strategic considerations

Editha R Hechanova and Maricris V Faderugao of Hechanova Group examine how misleading claims – from vaping and counterfeit goods to greenwashing and deceptive promotions – challenge consumer trust and highlight the need for stronger protection

Hongbo Jia of Liu, Shen & Associates examines recent Supreme People’s Court cases that reshape Chinese patent litigation in addressing damages, patent validity, and pre-litigation injunctions, with important implications for multinational businesses

Min Son of Hanol IP & Law explains an Intellectual Property High Court decision addressing the applicability of the abuse of right doctrine in a design invalidation action

In a much awaited preliminary decision, the Court of Justice of the European Union (CJEU) ruled on April 2 2020 (C-567/18 Coty Germany GmbH v Amazon Services Europe Sarl et al) on the responsibilities of Amazon warehouse-keepers in relation to the sale by a third-party seller on the online marketplace, Amazon Marketplace, of perfume bottles for which the rights had not been exhausted.

The UK formally left the EU on January 31 2020, although there is a transitional period running until December 31 2020, and there is a chance that this may be extended. Much has been written about the consequences of Brexit for IP rights.

In principle, a court order rendered in a country has its legal effects and consequences only within the same country. For a foreign court decision to create legal effects and consequences in Turkey, this decision needs to be legally recognised and enforced by Turkish courts. The regulations regarding the recognition and/or enforcement of foreign court decisions are stipulated between Article 50 and 59 of the International Private and Civil Procedure Code (IPCPC) numbered 5718 which sets the legal conditions for the recognition and enforcement of foreign court decisions.

Emilio Berkenwald of Berken IP details the unique declaration requirements and benefits for inventors navigating disclosure and intellectual property protection under Argentina’s patent law framework

Roberta Arantes of Daniel Law looks at how the Brazilian legal landscape has responded to shifts in the concept of branding and its related levels of protection

Kene Gallois and Guilherme Coutinho of Daniel Law explain how the success of the plan will pave the way for Brazil to attract further investment and opportunities

Lawyers from Ropes & Gray joined Managing IP to discuss licensing negotiation groups

Alejandro Salas of OLIVARES questions whether requiring the submission of original objects for comparison is hindering the proper enforcement of trademark rights and represents an ‘improper interpretation’ of the criminal statute

With TikTok videos frequently using music created by popular artists and adding a personal touch to trends, Jaime Ortega of OLIVARES answers a central question regarding whether the videos constitute original creations or reproductions

Raluca Vasilescu of Cabinet M Oproiu explains her conclusions after experimenting with various AI assistants when responding to office actions in patent applications