Local Insights

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

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

Does exporting parts or components of a patented product for final assembly outside the country infringe the patent? Recently, the Korean Supreme Court answered this question for the first time in Korea in its decision 2014Da42110 (July 23 2015).

Following the Myriad decision in the United States, the High Court of Australia recently denied the patent eligibility of isolated genes of BRCA1 DNA. Along with the Alice decision from the United States, this is truly a new wave. What we patent reflects the most fundamental social decisions in our patent system. It is worth seeing how Korea is riding on this wave and balancing its system.

On January 1 2016, the IP enforcement system in Korea changed significantly. By amending the Civil Procedure Act and the Court Organisation Act, Korea centralised the jurisdiction of both the first instance and the appellate courts of infringement actions.

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