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

Early this year, the Mexican Institute of Industrial Property issued decisions denying registration for the trade mark PINCHE GRINGO BBQ & Design in classes 43 (restaurants) and 30 (sauces). The grounds of denial were a supposed violation of Article 4 of Mexican IP Law, which states that no patents, registrations or authorisations are to be granted for any legal figures or institutions regulated by this law, when the contents of an application are contrary to public order, morals and good customs.

In Mexico, droit moral is attached to the author and is inalienable, does not expire, cannot be waived and cannot be encumbered. The author and his/her heirs can enforce this right.

It has become common practice for parties of any administrative proceeding to ask the Institute of Industrial Property to require a third party, not related to the proceeding, or even its counterpart, to respond to several questions raised by the offeror of the proof. Such evidence is based on Article 203 of the Industrial Property Law, which states the "requirement to provide information and data" so that the authority can conduct inspection.

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