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

Mutlu Yıldırım Köse and İrem Girenes Yücesoy of Gün and Partners draw on recent cases to explain the court’s approach to short-word trademarks and consider the weight given to dominant elements

Marta Koremba, Mateusz Żuk, and Michał Liszka of Bird & Bird report on a notable judgment concerning an infringement of the Prosecco geographical indication in the cosmetics sector

Jakob Pade Frederiksen of Inspicos analyses a ruling confirming that patent claims must be interpreted with reference to the description and drawings

The Mexican Institute of Industrial Property (the IMPI) denied applications for the mark "Pinche Gringo BBQ" and design to Daniel Andrew Defossey and Roberto Luna Aceves, on the grounds of Article 4 of the Industrial Property Law (LPI). It stated that the mark was contrary to public order, morality and good customs. The term "Pinche" is a pejorative word and "Gringo" refers to a person born in the United States, especially one who is English-speaking. However, interestingly, the real meaning of "Pinche" is a person who provides services in the kitchen or an assistant cook.

The Brazilian Patent and Trademark Office (PTO) has introduced its long-awaited plan to solve its patent backlog, a project called the "Preliminary Standardised Office Action Program". The idea is to reduce backlog by 80% over the next two years – after which the PTO estimates it will take under 24 months to examine new applications.

The Madrid system will enter into force in Brazil on October 2 2019, three months after the delivery of the instrument of accession of Brazil to the World Intellectual Property Organization (WIPO). In the wake of the adherence to the international system, the Brazilian Patent and Trademark Office (BPTO) released four resolutions that not only address ratification, but also touch new and uncharted areas for international companies with trademarks in Brazil, including adopting necessary international norms for the local trademark regime, like multiclass filings, co-ownership, and divisional applications and registrations adding flexibility to the local system.

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