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

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

Until 2017, it was clear from several decisions of the Austrian Supreme Court that trade marks registered in bad faith were invalid and therefore could be successfully attacked any time and that asserted rights based on them would be rejected as immoral. However, the decisions went further: the mere use of that sign was held to be inadmissible and therefore could be forbidden as such without any other reason.

The name of the castle of Ludwig II of Bavaria, Neuschwanstein, was filed as a European trade mark by the Free State of Bavaria in many classes of goods and services (3, 8, 14-16, 18, 21, 25, 28, 30, 32-6, 38 and 44). As its validity was contested, the question arose as to whether such a name was descriptive of the geographical origin of the goods and services claimed in the application.

Jurisprudence has had fixed rules for a long time on the reconditioning of pharmaceutical products by parallel importers, without the consent of the trade mark owner.

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