Local Insights

Duncan Maguire and Paul Ramara of Spoor & Fisher explain how Tanzania’s recently introduced trademark recordation system now accepts ARIPO and foreign registrations, while national filings remain the strongest enforcement tool

New patent and utility model procedures and updated fees form part of a legislative update to the Bangui Agreement that became effective in the new year, explains Craig Kahn of Spoor & Fisher Jersey

James Davies and Vishen Pillay at Adams & Adams discuss IP protection strategies and ownership considerations for AI

Recently, the Korean medical devices market has been growing notably. According to a 2019 Annual Report by the Korea Medical Devices Industry Association, the Korean domestic market has grown at a CAGR (Compound Annual Growth Rate) of 8% during the last five years (2014 to 2018). The global medical devices market also exhibits a rising trend; Fortune Business Insight has forecasted a CAGR of 5.3% from 2018 to 2025. In view of a growing geriatric population, the prevalence of lifestyle-related diseases, and rising demand for new innovative devices and personalised healthcare services, the future medical devices market is expected to show steady growth.

The new provision for punitive damages for wilful infringement is now effective. The newly introduced punitive damages provision should contribute to stronger protection of patents and increase general value of patents in Korea. The new provision set forth below is now effective in Korea to deter unjust acts of patent infringement.

Precision medicine, also known as personalised medicine, is an emerging field in healthcare and seems to have a promising future as it accounts for 42% of new molecular entities which the Food and Drug Administration (FDA) approved in 2018. Since precision medicine aims to provide bespoke medical treatments based on individual patient's characteristics, it essentially incorporates diagnosis and treatment methods. Under Korean patent law and practice, treatment and diagnosis methods are not considered patent eligible subject matter. As such, it is necessary to circumvent restrictive eligibility requirements to obtain protection for precision medicines in Korea. In the past, although precision medicines can be pursued as a pharmaceutical/diagnostic composition claim, it was not easy to claim methodological aspects of precision medicines (e.g. dosage regimen) which were not considered as technical features constituting composition itself (Supreme Court decisions 2007Hu2926 and 2007Hu2933, rendered on May 28 2009).

Igor Charles and Théo Coquis of INLEX analyse a Paris Judicial Court ruling confirming that trademark exhaustion applies to bundled genuine products where the original packaging remains unaltered

Vera Albino of Inventa explores how Portuguese wine producers use seemingly offensive names rooted in local history and folklore, and why trademark law often permits their registration

Peter Koefoed of Inspicos examines how the EPO Enlarged Board of Appeal referral G 1/26 could clarify the application of G 1/24 when assessing the allowability of amended patent claims under the EPC

Eduardo Hallak, Juliana Neves, and Sarah Lucas of Licks Attorneys examine Brazil's growing debate over patent term adjustment and the legislative proposals seeking to address examination delays

Stephania Cardiel of Becerril, Coca & Becerril examines how recent reforms signal a regional move towards faster, more internationally aligned innovation systems

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

Red Points, in partnership with Managing IP hosted a webinar on April 7 at 9am PDT / 12pm EDT / 5pm BST to discuss best practices in uncovering and dismantling large-scale counterfeiters

Mauricio Sámano of OLIVARES explores how the pandemic has changed IP processes for businesses in Mexico

Santiago Pedroza of OLIVARES looks at how the opposition procedure has undergone changes to protect right holders

Raluca Vasilescu of Cabinet M Oproiu considers how AI and pricing pressures could affect patent attorneys’ work in the near future

Nick Aries of Bird & Bird LLP examines how agentic AI could reshape brand discovery, trademark enforcement, and comparative advertising, and outlines key risks for brand owners

Tariq Shajahan and Willem Niesing of NLO analyse dredging-related patent filings in key jurisdictions and highlight contrasting Western and Asian approaches to innovation, from component-level engineering to system-wide methodologies and AI-driven optimisation