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

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

André Oliveira of Daniel Law considers how IP infringement and brand protection has evolved in Brazil amid the pandemic

Unfortunately, Mexico remains on the Watch List of the Annual Special 301 Report on Intellectual Property Protection and Review of Notorious Markets for Counterfeiting and Piracy compiled by the Office of the United States Trade Representative (USTR). In this document, the United States government reviews and evaluates the protection actions that governments have taken to fight against counterfeits and piracy. The document concluded that the Mexican government has so far not adequately implemented the necessary actions for the protection of intellectual property rights.

In Fifth Generation Inc. v Titomirov Vodka LLC, the Trademark Trial and Appeal Board (TTAB) issued a precedential ruling, granting Fifth Generation's motion for summary judgment as a sanction in view of Titomirov Vodka's failure to comply with the TTAB's orders, as well as its pattern and practice of avoiding its discovery obligations.

A problem that impacts day to day in our country, and specifically the owners of trademarks, is the deficient or lack of regulation in our legislation regarding what is and what should be understood by "use of a trademark", "use of a trademark in accordance with the customs and habits" and "effective use v token use".

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