Local Insights

Duncan Maguire of Spoor & Fisher Jersey explains a recent ruling by the Court of Appeal of Tanzania confirming that such trademarks are unenforceable unless registered nationally with the trademarks office in Tanzania

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

In New Zealand, trademark non-use revocation actions can be defended by showing there are special circumstances justifying the non-use (Trade Marks Act 2002 (NZ), Section 67, 66(2)). This article explores the framework for assessing special circumstances in New Zealand and discusses recent case law that deals with this issue.

On November 16 2020, the 2020 Revised Rules of Procedure for Intellectual Property Rights Cases (A.M. No. 10-3-10-SC) promulgated by the Supreme Court of the Philippines (SC) took effect. The object of the revised rules is to improve and expedite IP cases recognising that an effective IP system is vital to the development of domestic and creative activity, facilitating transfer of technology, attracting foreign investments and ensuring market access to Philippine products. This is the spirit of the IP Code or Republic Act 8293. The salient points of the revised rules are as follows:

In the past, Japanese patent litigations were notorious for being slow, having narrow claim interpretation, low damages awards, poor evidence collection procedures, and having a low winning rate. Cases and Materials on Patent Law, Second Edition says, "No countries' patent system has received more criticism than that of Japan. Among the chief complaints is that the courts award patent claims with an extremely narrow scope, and that the Doctrine of Equivalents does not exist at all." Global Patent Litigation: How and Where to Win, Third Edition, edited by Finnegan says that the winning rate of patentees from 2006 to 2016 was 24% in Japan, ranked second from the bottom out of the 10 countries. However, Japanese patent litigation has been reformed and is now transformed in order to be more convenient for patentees than ever before.

Igor Charles and Franck Soutoul of Inlex examine a Paris Court of Appeal ruling that fully invalidated a ‘Richard Mille’ trademark for fraud despite limits on protection based on reputation

Marco Stief of Maiwald argues that the District Court of The Hague missed an opportunity to clarify the uncertainty surrounding the term ‘first authorisation’ in Article 3(d) of the SPC Regulation in a recent judgment

The ruling addresses the impact of device mark differences, proof of use, and well-known status arguments, say Hande Hançar Koç, Havva Yıldız, and Zeynep Berfin Ekinci of Gün and Partners

María Aurora García of Berken IP explains how Resolution No. 583 narrows trademark examination to absolute grounds, shifting relative grounds and other objections to third-party enforcement

María Aurora García of Berken IP explains how Argentina’s evolving non-use cancellation system strengthens trademark integrity, streamlines registration, and promotes fairer market competition through efficient, partial, and administrative cancellation mechanisms

Senior patent attorneys at Licks Attorneys say recent UK court decisions on FRAND licensing conflict with Brazilian judicial sovereignty and the TRIPS framework governing the territorial independence of patents

Anne-Raphaëlle Aubry of Bird & Bird explains how Section 1782 and Rule of Procedure 190 offer different pathways for cross-border evidence gathering in European patent disputes, highlighting timing, scope, and strategic considerations for litigants

Monica Sánchez of Becerril, Coca & Becerril explains how the Mexican intellectual property framework, including compulsory licences and the Bolar clause, works alongside emerging technologies to balance pharmaceutical innovation with public health access

Carlos Hernández León of Becerril, Coca & Becerril outlines how Mexico’s shift from NAFTA-based patent term extensions to the new SPC regime affects patent holders, particularly in pharmaceuticals, and the strategic steps to secure additional protection

Raluca Vasilescu of Cabinet M Oproiu concludes a series on the use of artificial intelligence in patent practice by analysing how AI assistants affect the skilled reader’s perspective and the drafting of patent applications

Raluca Vasilescu of Cabinet M Oproiu continues a series on AI’s potential use in patent practice by analysing drafting experiments focused on differentiating from the closest prior art

In this opening article of a series, Raluca Vasilescu of Cabinet M Oproiu explains her conclusions after experimenting with various AI assistants when responding to office actions in patent applications