Local Insights

Megan Dinnie of Spoor & Fisher Jersey reports on the creation of a body designed to adapt to the rapid evolution of IP and harness its potential to drive economic growth

Jeanine Coetzer of Spoor & Fisher highlights several problems with a trademark decision by the Gauteng High Court that has been overturned by the South African Supreme Court of Appeal

Duncan Maguire of Spoor & Fisher Jersey reports on the publication of draft legislation to overhaul an act dating back to 1958 as judgment is passed in a recent case concerning well-known marks

Son Thai Hoang and Linh Thi Mai Nguyen of Tilleke & Gibbins highlight the strict stance taken by the Intellectual Property Office of Vietnam on assignments conflicting with trade names and join the calls for clearer guidance

The Central Intellectual Property and International Trade Court has confirmed that a design’s overall appearance should be considered when determining its eligibility for patent protection, report Nuttaphol Arammuang and Tanapong Pongburanakit of Tilleke & Gibbins

Min Son of Hanol IP & Law reports on a decision that should provide improved guidance in determining whether patents or approved drugs are eligible for a patent term extension in South Korea

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