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

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

Min Son of Hanol IP & Law explains how a Patent Act revision empowers South Korean patentees to take direct action against export-based infringement, enhancing enforcement and aligning the law with other intellectual property regimes

Early adaptation to manage an unpredictable transition is vital, say Linh Duy Mai, Giang Hoang Bach, and Diep Thi Bich Le of T&G Law Firm LLC (TGVN), the local associate of Tilleke & Gibbins

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 Mexican Institute of Industrial Property (the IMPI) denied applications for the mark "Pinche Gringo BBQ" and design to Daniel Andrew Defossey and Roberto Luna Aceves, on the grounds of Article 4 of the Industrial Property Law (LPI). It stated that the mark was contrary to public order, morality and good customs. The term "Pinche" is a pejorative word and "Gringo" refers to a person born in the United States, especially one who is English-speaking. However, interestingly, the real meaning of "Pinche" is a person who provides services in the kitchen or an assistant cook.

The Brazilian Patent and Trademark Office (PTO) has introduced its long-awaited plan to solve its patent backlog, a project called the "Preliminary Standardised Office Action Program". The idea is to reduce backlog by 80% over the next two years – after which the PTO estimates it will take under 24 months to examine new applications.

The Madrid system will enter into force in Brazil on October 2 2019, three months after the delivery of the instrument of accession of Brazil to the World Intellectual Property Organization (WIPO). In the wake of the adherence to the international system, the Brazilian Patent and Trademark Office (BPTO) released four resolutions that not only address ratification, but also touch new and uncharted areas for international companies with trademarks in Brazil, including adopting necessary international norms for the local trademark regime, like multiclass filings, co-ownership, and divisional applications and registrations adding flexibility to the local system.

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