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

COVID-19 has created an unprecedented crisis resulting in the Indian government clamping down on the movement of people, goods and services. This has had an impact on every facet of business and has encouraged consumers to focus on their health and well-being. With social distancing becoming the "new normal", the impact of coronavirus on brick-and-mortar stores during the lockdown phase and post lifting of stay-at-home orders is likely to be profound. It is expected that consumers will avoid close interaction and crowded places such as malls and supermarkets in times to come. Thus, in the short to medium term, consumers' shopping habits will witness a gradual but definite shift from brick and mortar stores to online portals and e-stores. Brands in India are therefore increasingly focusing on setting up their own e-stores, creating arrangements and partnerships with online portals. Big offline stores such as Future Group (Easy Day and Big Bazaar), Spencer's Retail, Metro Cash & Carry and Walmart's Best Price stores have increased efforts to service customers online, building a comprehensive model to deliver groceries and goods. Many stores have started to partner with food delivery platforms such as Swiggy, taxi-hailing app Uber Eats, and bike taxi startup Rapido. This article focuses on how brands' sudden shift to online will need a strategic focus in terms of building a brand protection strategy.

Almost a year and a half after Myanmar enacted the Trademark Law 2019 on January 30 2019, the same question still lingers in the minds of many brand owners and attorneys: "When will the Trademark Law come into force?"

In September 2020, New Zealanders will participate in a non-binding cannabis referendum on the question of whether to legalise the use and supply of cannabis. New Zealanders will be given the option of voting either for or against the proposed Cannabis Legalisation and Control Bill (the Bill). The final version of the Bill, which was released in May 2020, legalises the use of cannabis for persons over the age of 20, but places severe restrictions around the promotion and packaging of cannabis products.

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