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

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

Unfortunately, Mexico remains on the Watch List of the Annual Special 301 Report on Intellectual Property Protection and Review of Notorious Markets for Counterfeiting and Piracy compiled by the Office of the United States Trade Representative (USTR). In this document, the United States government reviews and evaluates the protection actions that governments have taken to fight against counterfeits and piracy. The document concluded that the Mexican government has so far not adequately implemented the necessary actions for the protection of intellectual property rights.

In Fifth Generation Inc. v Titomirov Vodka LLC, the Trademark Trial and Appeal Board (TTAB) issued a precedential ruling, granting Fifth Generation's motion for summary judgment as a sanction in view of Titomirov Vodka's failure to comply with the TTAB's orders, as well as its pattern and practice of avoiding its discovery obligations.

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".