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 the fourth article from an exclusive series on the automotive industry, Bisman Kaur of Remfry & Sagar discusses brand value in India

Back at the end of April, the Committee of the Science and Technology Innovation Board at the Shanghai Stock Exchange announced that the meeting for reviewing the initial public offering (IPO) application of MEMSensing, a Chinese MEMS microphone sensor supplier, was cancelled due to an "emergence of significant matters." The "significant matters" they were referring to were 16 patent disputes brought by Goertek seeking both permanent injunctions and damages totalling over RMB 100 million ($14.5 million). Goertek and MEMSensing are competitors producing MEMS microphones, a key component in the smart speakers of Google, Amazon, Apple, Alibaba, and Xiaomi.

To strengthen copyright protection, and to implement relevant provisions of the Economic and Trade Agreement between the US and China, on August 5 2020, the Supreme People's Court of the People's Republic of China (the SPC) issued a draft Opinions on Strengthening the Protection of Copyright and Copyright related Rights (关于加强著作权和与著作权有关的权利保护的意见) for public consultation.

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