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

Many food products contain known ingredients, rather than novel ingredients, as essential components. Such food products are usually a result of combining components in a special ratio to achieve a particular flavour, taste, effect, etc.

In Korea, plants can be protected by both Patent Law and Plant Variety Protection Law. Activities to seek the protection of the IP rights pertaining to plants have been growing, particularly with the development of genetic engineering technology as well as with the growth of the agriculture industry. This growing interest is evidenced by the significant increase in the number of applications, not only for patents, but also for plant variety rights. For example, as of December 2015, more than 8,000 applications for plant variety registrations were filed in Korea which makes Korea the seventh most active filer of plant variety rights among the UPOV member countries.

From January 1 this year, the Korean Patent Court became the exclusive appellate court for IP related cases (see February issue). After this change, the Patent Court released some guidelines on the rules and procedures applicable to IP cases. The most recent is the "Guideline of Civil Practice and Procedure of the Patent Court of Korea" (the Guideline), which was published in English and Japanese.

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