Local Insights

James Davies and Vishen Pillay at Adams & Adams discuss IP protection strategies and ownership considerations for AI

Werina Griffiths and Nontando Tusi at Adams & Adams discuss the implications of the adoption of AI in Africa and globally

Matthew Costard of Spoor & Fisher Jersey provides a guide to the key updates as Rwanda expands the scope of its intellectual property protection regime

The Intellectual Property Office of the Philippines (IPOPHL) has just issued Memorandum Circular No. 2019-024 entitled Amendments to the Rules and Regulations on Inter Partes Proceedings, which will take effect on February 15 2020. Its objective is to provide speedy, quality and effective legal remedies to resolve IP disputes. The major amendments are as follows:

The concept of corporate criminal liability was introduced into Vietnamese law under the Penal Code of 2015, which took effect in 2018. Under the 2015 Penal Code, for the first time, corporate entities (companies) could be held criminally liable for a variety of offences, including certain intellectual property crimes under Articles 225 and 226.

Recently, the Korean Supreme Court rendered a new en banc decision finding that a final and conclusive decision granting a patent correction cannot constitute a ground for retrial.

An EPO board of appeal decision has challenged the office’s standing in requiring applicants to adapt the description text of patent applications to be in accordance with amended claims, says Edward Farrington of Inspicos

Christian Meyer and Gisela Grabow of Maiwald discuss potential changes to the EU pharmaceutical regulation and their potential impact on data and market protection timelines for medicinal products

Jakob Pade Frederiksen of Inspicos says a Unified Patent Court decision not to stay a revocation action while a parallel EPO opposition proceeding takes place provides another indication of the court’s fast pace

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

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

Three years after a new industrial property law took effect, the time has come for an important action to become available regarding contested trademark registrations. Emmanuel Chávez of OLIVARES heralds a ‘positive’ development