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

Recently, the Korean Supreme Court made a key decision regarding how to read the prior art when making an inventive step determination (2013 Hu 2873 and 2880 (consolidated), January 14 2016).

Three years ago, Korea adopted a new patent term adjustment (PTA) system. As many readers know, PTA is a system that allows extension of a patent term to the patent owner to compensate for an unreasonable delay during the prosecution phase.

In 2016, Korea has been substantially re-shaping its IP system. One such change is the Trade Mark Act, which has been comprehensively re-drafted. One of the main changes in trade mark is the non-use cancellation of the registered mark. When a registered trade mark has not been used in Korea for three consecutive years, third parties can seek to cancel it on the grounds of non-use. According to the existing Act, only an interested party can request cancellation of a non-used mark. However, under the new system, legal standing is no longer required; therefore, any person may request cancellation of a non-used registered mark. The new system is expected to accelerate the procedure and give more opportunity to those who actually intend to use the mark by remedying weaknesses in the registration system.

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