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

When inventions/designs are disclosed to the public by one of the inventors/designers or applicants, a one year grace period is available in Korea for patent, utility model, and design applications.

In 2015, the Korean Supreme Court cleared the patent eligibility hurdle for dosage regimen inventions, and announced that dosage regimens are patentable if they satisfy other patentability requirements including novelty and inventiveness (Supreme Court en banc decision 2014Hu768, May 21 2015). In the first case where the inventiveness of a dosage invention was at issue (Patent Court decision 2015Heo7889, February 3 2017), the Korean Patent Court denied inventiveness on the ground that optimising dosage regimens to achieve the reduction of toxicity or improvement of efficacy is considered routine experimentation or work of a person having ordinary skill in the art (PHOSITA). This shows that Korea has a strict standard for the inventiveness of dosage regimen patents.

Many food products contain known ingredients, rather than novel ingredients, as essential components. Such food products are usually a result of combining components in a special ratio to achieve a particular flavour, taste, effect, etc.

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