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

Shrabani Rout of Remfry & Sagar explores how Indian courts are navigating online defamation, including hyperlink republication and platform liability, as the ANI v Wikipedia case awaits a Supreme Court ruling

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

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

Early this year, the Mexican Institute of Industrial Property issued decisions denying registration for the trade mark PINCHE GRINGO BBQ & Design in classes 43 (restaurants) and 30 (sauces). The grounds of denial were a supposed violation of Article 4 of Mexican IP Law, which states that no patents, registrations or authorisations are to be granted for any legal figures or institutions regulated by this law, when the contents of an application are contrary to public order, morals and good customs.

In Mexico, droit moral is attached to the author and is inalienable, does not expire, cannot be waived and cannot be encumbered. The author and his/her heirs can enforce this right.

It has become common practice for parties of any administrative proceeding to ask the Institute of Industrial Property to require a third party, not related to the proceeding, or even its counterpart, to respond to several questions raised by the offeror of the proof. Such evidence is based on Article 203 of the Industrial Property Law, which states the "requirement to provide information and data" so that the authority can conduct inspection.