Local Insights

Margaret Le Galle of Spoor & Fisher explains why the Plant Variety Protection Act 2021 will bring Nigerian IP law in line with international norms

Matthew Costard of Spoor & Fisher explains why the Gambia’s ‘British law’ legacy is a cause of concern for ARIPO trademarks

Matthew Costard of Spoor & Fisher welcomes the news that trademark registration is possible, once again, in Somalia

As the world changes and technology grows fast, the way we think about trademarks is also changing. Trademarks which are used to identify and protect brands, have traditionally included names and logos. However, in the future, they will take on new forms, reflect new consumer behaviour and require new legal rules to stay effective.

India has taken a significant step towards simplifying its corporate consolidation framework with the codification of fast-track mergers under the Companies Act, 2013. Governed by Section 233 and read with Rules 25 and 25A of the Companies (Compromises, Arrangements and Amalgamations) Rules, 2016 (as amended), this mechanism enables a select category of companies to bypass the otherwise lengthy and complex National Company Law Tribunal (NCLT) process. In parallel, Section 234 of the Companies Act, 2013 facilitates cross-border mergers involving Indian and foreign companies, subject to regulatory approvals—most notably from the Reserve Bank of India (RBI). With recent regulatory reforms, India is positioning itself as a favourable jurisdiction for inbound mergers, including the increasingly relevant concept of reverse flipping—the relocation of company domiciles from foreign countries back to India.

While Indonesia’s first-to-file principle creates an opportunity for trademark squatting, Robbaita Zahra and Wongrat Ratanaprayul of Tilleke & Gibbins say Bitmain’s successful cancellation actions indicate the legal system’s ability to address unfair practices

Selin Sinem Erciyas and Beste Turan Kurtoğlu of Gün + Partners analyse a Court of Justice of the European Union ruling that could reshape patent litigation strategies and increase competition between international courts

Wendela Hårdemark and Beatrice Rälg of Bird & Bird explore the outlook for Swedish copyright law, as reciprocity rules are set to be dismantled, and contract interpretation takes a decisive new direction

Wilhelm Eger of Maiwald Intellectual Property examines how the Pemetrexed case has influenced European approaches to patent infringement under the doctrine of equivalency and how numbers and measurements are addressed

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

Kene Gallois and Guilherme Coutinho of Daniel Law explain how the success of the plan will pave the way for Brazil to attract further investment and opportunities

André Oliveira of Daniel Law considers how IP infringement and brand protection has evolved in Brazil amid the pandemic

Lawyers from Ropes & Gray joined Managing IP to discuss licensing negotiation groups

Alejandro Salas of OLIVARES questions whether requiring the submission of original objects for comparison is hindering the proper enforcement of trademark rights and represents an ‘improper interpretation’ of the criminal statute

With TikTok videos frequently using music created by popular artists and adding a personal touch to trends, Jaime Ortega of OLIVARES answers a central question regarding whether the videos constitute original creations or reproductions