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

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

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

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

In the future, it will be more difficult to obtain an injunction for patent infringement through preliminary injunction proceedings.

The owner of the trademarks "Miss Austria", "Miss Oberösterreich" (Miss Upper Austria) and further Miss-marks granted a licence to the defendant to use these marks for five years. These trademarks – as one can guess – are registered for an organisation handling beauty contests and the elections of the most beautiful women in an area. The contract contains a clause that allows immediate cancellation of the licence if there is violation by the licensee of any contractual duty. It also prohibits competition by the licensee in this field outside the licence and the use of similar trademarks to those licensed.

European regulations provide the possibility for works of applied art to benefit from both design right protection and copyright protection (for artistic work). Each form of protection is subject to its own specific rules. The scope and conditions of protection by copyright are subject to national rules.

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