Local Insights

Jen Colantoni of Spoor & Fisher summarises Libya’s new $2,000 annual trademark renewal fee for foreign applicants and alerts brand owners to several strategic considerations

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

Matthew Costard of Spoor & Fisher Jersey considers application of the Madrid Protocol across Africa as Ethiopia’s intellectual property practice looks set to move closer to global standards

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

The Brazilian PTO celebrated a remarkable achievement at the beginning of the new year. In just four months, the office managed to reduce the patent backlog by 14%. Further important milestones towards eliminating the backlog for good are expected to be reached throughout the year, as the office intends to reduce the backlog by 80% by 2021. This was all possible due to a pioneer project called the Preliminary Standardized Office Action Program, implemented in September 2019. Once the project is successfully completed, the PTO estimates it will take under 24 months to examine new applications.

Brazilian IP law believes that renowned marks deserve special protection in all fields of activity. Differently from well-known marks, which are protected within their field of activity and regardless of the existence of a local registration, renowned marks must be registered and then go through a specific proceeding at the BPTO for a declaration of high renown which will be valid for 10 years.

A problem that impacts day to day in our country, and specifically the owners of trademarks, is the deficient or lack of regulation in our legislation regarding what is and what should be understood by "use of a trademark", "use of a trademark in accordance with the customs and habits" and "effective use v token use".

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