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

Amid the coronavirus pandemic, pioneering pharmaceutical makers, research institutes, and universities are working in collaboration to develop novel antiviral drugs that are small compounds and vaccines. Although most inventions produced this year will be disclosed when their patent applications are published next year, the inventions being developed before this pandemic have already been disclosed.

The Fourth Industrial Revolution along with the spread of the IoT means that SEP licensing negotiations are expected to be held more often between SEP holders in the information and communication technology field and business entities in industries other than the telecommunications industry, especially multi-component products industries such as automobiles, game machines etc. However, risks involving SEP licensing negotiations and disputes have been increasing significantly because licensing negotiation practices and market views on royalties are very different between the above business entities and SEP holders. Being aware of such issues, the Ministry of Economy, Trade and Industry (METI) published the Guide to Fair Value Calculation of Standard Essential Patents for Multi-Component Products (the basic concept) on April 21 2020. The basic concept has been formulated based on the report (dated March 31 2020) of the Study Group on Fair Value Calculation of Standard Essential Patents for Multi-Component Products (report), commissioned by the Policy Planning and Coordination Division, Manufacturing Industries Bureau, the METI.

In a decision published on June 26 2020, the Indonesian Supreme Court affirmed a lower court’s ruling against a celebrity who sought to acquire prior rights to a disputed mark and then cancel a competitor’s trademark. The decision demonstrates some limit on the jurisdiction’s first-to-file position, which has historically been strictly applied and enforced both by courts and by the Indonesian IP Office. The Supreme Court also upheld the cancellation of some of the celebrity’s trademarks due to his previous work for the defendant as a brand ambassador, serving as a cautionary tale to potential bad faith plaintiffs.

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

Emilia Zalewska and Andrzej Stelmachowski of Bird & Bird provide insights into two matters considered by the Unified Patent Court and a Polish court concerning the imminent infringement of patent rights in the pharmaceutical industry

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