Local Insights

Social media-fuelled demand for luxury counterfeits such as the ‘Takealot Tirkin’ is reshaping consumer culture across Africa and raising pressing questions for brands. Haadya Mosafeer of INLEX finds a potential answer in Mauritius’ response

Cwengile Cwele, with oversight from Chyreene Truluck of Spoor & Fisher South Africa, explains how the new process works and the implications for practitioners and rights holders

Pravir Palayathan of INLEX explains Mauritius’ customs-led system for protecting trademarks, regulating authorised importers and exporters, and swiftly seizing counterfeit goods

The proposal clarifies what constitutes proof of commercial use of a trademark in the country, report Editha R Hechanova, Noemi P Rivera, and Lance Freidrich Phillipe M Asido of Hechanova Group

Min Son of Hanol IP & Law analyses a Supreme Court ruling clarifying that prosecution history in a parent application can later limit the scope of divisional patent claims

Decree 134 modernises Vietnam’s copyright and related rights framework in response to rapid digital transformation, explains Thuy Thi Ngoc Huynh of T&G Law Firm LLC (TGVN), the local associate of Tilleke & Gibbins

The 11th Civil Chamber of the Turkish Court of Appeals (CoA) has set forth in its decision dated November 18 2019 (2019/359 E. and 2019/7279 K.) that the later dated trademark application was filed in bad faith by taking into account the high level of recognition as well as the original and distinctive nature of the prior dated trademark, which has no meaning.

The UK formally left the EU on January 31 2020, although there is a transitional period running until December 31 2020, and there is a chance that this may be extended. Much has been written about the consequences of Brexit for IP rights.

In principle, a court order rendered in a country has its legal effects and consequences only within the same country. For a foreign court decision to create legal effects and consequences in Turkey, this decision needs to be legally recognised and enforced by Turkish courts. The regulations regarding the recognition and/or enforcement of foreign court decisions are stipulated between Article 50 and 59 of the International Private and Civil Procedure Code (IPCPC) numbered 5718 which sets the legal conditions for the recognition and enforcement of foreign court decisions.

Eduardo Hallak, Juliana Neves, and Gabriela Monteiro of Licks Attorneys explain how Brazilian courts have reshaped divisional patent practice and assess the practical impact of the current framework

María Aurora García of Berken IP examines how Argentine courts are using dynamic injunctions to tackle illegal sports streaming, particularly in the context of major events such as the football World Cup

Brazil is establishing itself as a hub for biological agricultural formulations. Eduardo Hallak, Rafaella Oliveira, and Gislaine Zulli of Licks Attorneys analyse a fast-developing market and a decade of related patent activity

Luis Emilio Moncada of Becerril, Coca & Becerril explains why provisional measures are an increasingly valuable mechanism under Mexican intellectual property law as the country prepares to co-host the football World Cup

Fernanda Villalobos of Becerril, Coca & Becerril explains how Mexican trademark law now allows descriptive signs to acquire protection through market use and consumer recognition

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

An outdated and fragmented framework is creating growing operational risk amid heightened geopolitical tension and accelerating dual-use innovation, says Dirk Pieters of IPSILON Belgium

Raluca Vasilescu of Cabinet M Oproiu considers how patent applicants may need to adapt their approaches as a result of widespread political and economic uncertainty

Jean-Paul Wagner and Tiago Leal of Ipsilon Luxembourg explore recent judicial advancements and global trends shaping the future of AI innovation, and how to turn informed intellectual property strategies into engines of commercial success