Local Insights

Pravir Palayathan of INLEX explains how the ruling strengthens protection for well-known marks and clarifies parasitism and unfair competition in disputes

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

Ranjan Narula of RNA, Technology and IP Attorneys examines the AI copyright dispute of ANI v OpenAI, and whether a compulsory licensing framework could reconcile innovation objectives with the rights and commercial interests of creators

Ranjan Narula and Abhishek Nangia of RNA, Technology and IP Attorneys explain how the ruling clarifies the limits on the use of personal names in pharmaceutical trademarks

Min Son of Hanol IP & Law outlines the new system’s key mechanisms and implications for evidence gathering in civil litigation, with a particular focus on technology-related disputes

Alexander Ortlieb, Moritz Kampmann, and Stephan Maidl of Maiwald highlight six EPO appeal decisions that map the absolute floor of what patent applications for AI inventions must disclose – and how spectacularly some applicants miss that mark

Baran Güney and Elif Melis Özsoy of Gün + Partners examine a ruling on whether using competitors’ trademarks in Google Ads constitutes infringement, emphasising the burden of proof and arguing for assessment under unfair competition law

Vítor Palmela Fidalgo of Inventa reviews three years of Unified Patent Court jurisprudence, examining emerging approaches to claim interpretation, prosecution history, doctrine of equivalents, and prior use

Eduardo Hallak, Rafaella Oliveira, and Laís Souza of Licks Attorneys explain how the provision operates in practice, highlighting evidential hurdles and best practices for patent applicants

Emilio Berkenwald of Berken IP says that although the move potentially eases prosecution, several issues – particularly concerning second medical use claims – remain

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

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".

In In re Odd Sox LLC, the Trademark Trial and Appeal Board (TTAB) issued a precedential ruling, holding that the term "generic name" as used in the Trademark Act encompasses product packaging, and that the generic inquiry is applicable to assessments of source identification capabilities of product packaging.

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.

Raluca Vasilescu of Cabinet M Oproiu considers how the use of AI assistants may influence clients’ general expectations regarding patent attorneys’ work

An outdated and fragmented framework is creating growing operational risk amid heightened geopolitical tension and accelerating dual-use innovation, says Dirk Pieters of IPSILON Belgium

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