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Sponsored by Adams & AdamsWerina Griffiths and Nontando Tusi at Adams & Adams discuss the implications of the adoption of AI in Africa and globally
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Sponsored by Spoor & FisherMatthew Costard of Spoor & Fisher Jersey provides a guide to the key updates as Rwanda expands the scope of its intellectual property protection regime
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Sponsored by Spoor & FisherMegan Dinnie of Spoor & Fisher Jersey explains a case brought after an employee sent 125 emails containing a company’s confidential information to a personal email address shortly before moving to a competitor
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Sponsored by Remfry & SagarCyril Abrol of Remfry & Sagar reports that India is not confining itself to small steps as the country aims to take a giant leap in the global space race
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Sponsored by Tilleke & GibbinsGiang Hoang Bach of T&G Law Firm LLC, the local associate firm of Tilleke & Gibbins, considers why administrative measures dominate intellectual property rights infringement responses in Vietnam
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Sponsored by Tilleke & GibbinsRochmali Zultan and Annisa Syaharani of Tilleke & Gibbins say a Constitutional Court decision could inspire parties with trademark interests to pursue the revocation of intellectual property law provisions and lead to legal uncertainty
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Sponsored by InspicosJakob Pade Frederiksen of Inspicos reviews a recent decision of the EPO Legal Board of Appeal relating to the impact of an applicant’s appeal against a decision to grant a patent
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Sponsored by Bird & BirdMeyke Rietveld and Clemens Molle of Bird & Bird, along with Emma Ren from the association team at Beijing Lawjay Partners, discuss the first copyright cases in China and the EU dealing with training AI models, and newly enacted legislation in this field
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Sponsored by Gün and PartnersGüldeniz Doğan Alkan and Dilan Sıla Kayalıca of Gün + Partners consider two recent rulings by the Turkish Court of Cassation that underline the importance of vested rights in Turkish trademark law
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Sponsored by Daniel LawRoberta 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
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Sponsored by Daniel LawKene 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
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Sponsored by Daniel LawAndré Oliveira of Daniel Law considers how IP infringement and brand protection has evolved in Brazil amid the pandemic
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Sponsored by Daniel LawCarolina Schueler of Daniel Law discusses why naming rights and sponsorship deals could be a profitable two-way partnership that may last for decades
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Sponsored by OLIVARESJaime Rodríguez of Olivares explores how Mexican lawmakers have attempted to strengthen trademark protection in the digital environment
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Sponsored by Daniel LawRafael Salomão Romano and Samantha Salim of Daniel Law outline how the instructions will improve transparency and accountability in the Brazilian pharmaceutical patent scene
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Sponsored by OLIVARESIt is important not to forget that the Civil Code states that debtors respond to the fulfilment of their obligations with their assets, except for all those assets considered by law as inalienable or which cannot be seized.
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Sponsored by Daniel LawIn view of its very large territory, Brazil has always faced many challenges implementing a successful anti-counterfeiting programme. Lack of a uniform approach and the absence of a political will to tackle IP infringements on a large scale were some of the problems that held IP owners back in the past.
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Sponsored by OLIVARESFor a long time, the Mexican Industrial Property Law remained static. However, in the last years, the law has been amended, having an impact on the lifespan of design registrations. Furthermore, due to the recent international commitments of our country, a new law has been approved further modifying the patent maintenance system.
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Sponsored by Daniel LawThe Brazilian Patent and Trademark Office recently announced three new fast-track options for the examination of patent applications, which are already in effect. These new fast-tracks are available for: (i) applications covering “technologies already available in the [Brazilian] market”; (ii) applications filed by local startups; and (iii) applications for “technologies resulting from [Brazilian] public funding.”
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Sponsored by Daniel LawWhat are the leading IP objectives and challenges that your corporation, or your industry, pursue and face in Brazil?
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Sponsored by OLIVARESOn July 1 2020, and as a result of the entry into force of the United States–Mexico–Canada Agreement (USMCA), the new Federal Law for the Protection of Industrial Property was published, abrogating the current Industrial Property Law. It will come into force on November 5 2020.
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Sponsored by Daniel LawIt is not uncommon to hear that design protection is often underestimated or even forgotten compared to other forms of IP, like trademarks, patents, and copyright. In Brazil, that seems to be the case when you compare the average of 6,000+ design applications filed annually, with the 245,000+ trademarks and 28,000+ patents filings.
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Sponsored by Daniel LawBrazil is one of the newest members of the Madrid Protocol. It has been part of the protocol since October 2 2019. An international system was long overdue and less than 10 months in it has received 5,500+ BR designations, covering 13,300+ classes.
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Sponsored by OLIVARESUnfortunately, Mexico remains on the Watch List of the Annual Special 301 Report on Intellectual Property Protection and Review of Notorious Markets for Counterfeiting and Piracy compiled by the Office of the United States Trade Representative (USTR). In this document, the United States government reviews and evaluates the protection actions that governments have taken to fight against counterfeits and piracy. The document concluded that the Mexican government has so far not adequately implemented the necessary actions for the protection of intellectual property rights.
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Sponsored by Daniel LawBrazil's legal system provides several options for IP owners to enforce their rights. Trade dress protection is not expressly foreseen in our law but falls within general unfair competition rules which basically forbid competitors to fraudulently divert third parties' clientele.
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Sponsored by Daniel LawAmid the massive public health crisis caused by the fear of the spread of COVID-19, economies and societies around the world are facing hardship, with entire businesses brought to a sudden halt.
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Sponsored by Daniel LawOn October 2 2019, Brazil joined the Madrid protocol. The success of this can be proven by numbers.
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Sponsored by Daniel LawThe Brazilian PTO celebrated a remarkable achievement at the beginning of the new year. In just four months, the office managed to reduce the patent backlog by 14%. Further important milestones towards eliminating the backlog for good are expected to be reached throughout the year, as the office intends to reduce the backlog by 80% by 2021. This was all possible due to a pioneer project called the Preliminary Standardized Office Action Program, implemented in September 2019. Once the project is successfully completed, the PTO estimates it will take under 24 months to examine new applications.
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Sponsored by Daniel LawBrazilian IP law believes that renowned marks deserve special protection in all fields of activity. Differently from well-known marks, which are protected within their field of activity and regardless of the existence of a local registration, renowned marks must be registered and then go through a specific proceeding at the BPTO for a declaration of high renown which will be valid for 10 years.
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Sponsored by OLIVARESA problem that impacts day to day in our country, and specifically the owners of trademarks, is the deficient or lack of regulation in our legislation regarding what is and what should be understood by "use of a trademark", "use of a trademark in accordance with the customs and habits" and "effective use v token use".
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Sponsored by Daniel LawThe Brazilian Patent and Trademark Office (PTO) has introduced its long-awaited plan to solve its patent backlog, a project called the "Preliminary Standardised Office Action Program". The idea is to reduce backlog by 80% over the next two years – after which the PTO estimates it will take under 24 months to examine new applications.
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Sponsored by OLIVARESThe Mexican Institute of Industrial Property (the IMPI) denied applications for the mark "Pinche Gringo BBQ" and design to Daniel Andrew Defossey and Roberto Luna Aceves, on the grounds of Article 4 of the Industrial Property Law (LPI). It stated that the mark was contrary to public order, morality and good customs. The term "Pinche" is a pejorative word and "Gringo" refers to a person born in the United States, especially one who is English-speaking. However, interestingly, the real meaning of "Pinche" is a person who provides services in the kitchen or an assistant cook.
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Sponsored by OLIVARESThe reform of August 10 2018 to the Mexican Industrial Property Law substantially changed the Mexican trademark landscape. Among the most relevant changes brought by this legislative reform, particularly the acceptance on behalf of the Mexican Institute of Industrial Property (IMPI) of non-conventional trademark applications – such as smell and sound trademarks – positions Mexico today at the forefront of innovation.
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Sponsored by Daniel LawThe Madrid system will enter into force in Brazil on October 2 2019, three months after the delivery of the instrument of accession of Brazil to the World Intellectual Property Organization (WIPO). In the wake of the adherence to the international system, the Brazilian Patent and Trademark Office (BPTO) released four resolutions that not only address ratification, but also touch new and uncharted areas for international companies with trademarks in Brazil, including adopting necessary international norms for the local trademark regime, like multiclass filings, co-ownership, and divisional applications and registrations adding flexibility to the local system.
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Sponsored by Daniel LawPerforming trademark clearance searches should always be the first step taken prior to filing a trademark application, as they are an effective way of preventing legal risks before launching a brand.
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Sponsored by OLIVARESA few days ago, a photograph of a bottle of Dutch tequila began circulating on the web. The creators of this product, which has not yet hit the market and probably never will, claim to have improved the taste of original tequila, based on Dutch gin, and now feel ready to enter the European market.
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Sponsored by Daniel LawEach year more Brazilians engage with e-commerce, and Brazil has taken the position of 4th largest internet market globally, representing 42% of all B2C e-commerce in Latin America.
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Sponsored by OLIVARESOn August 10, 2018 several modifications to the Mexican Industrial Property Law entered into force, resulting in some new IP figures being recognised in Mexico.
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Sponsored by OLIVARESIn the latest international briefing for Mexico, Adrián Martínez assesses a new amendment to Mexican trade mark law dealing with bad faith marks
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Sponsored by OLIVARESThe Decree on Amendments to Trademark Law in force as of August 10 2018 introduced new legal concepts to the IP Law to update and reinforce the intellectual property system in Mexico.
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Sponsored by Daniel LawIn Brazil, the courts, rather than the Brazilian Patent and Trademark Office (BPTO), have the final say about the registration or cancellation of a patent, design or trade mark.
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Sponsored by OLIVARESMexico is a nation made up of diverse cultures supported by its indigenous people. The population that is considered indigenous represents 21.5% of the total population of the country.
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Sponsored by Daniel LawAlthough the amount of patent litigation in Brazil is far from the level of litigation in the US, patent infringement actions are very common in the jurisdiction. Such actions are the most effective measure against infringers, since preliminary injunctions are widely available. This makes Brazil very attractive as an additional battlefield for worldwide patent disputes.
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Sponsored by OLIVARESEarly this year, the Mexican Institute of Industrial Property issued decisions denying registration for the trade mark PINCHE GRINGO BBQ & Design in classes 43 (restaurants) and 30 (sauces). The grounds of denial were a supposed violation of Article 4 of Mexican IP Law, which states that no patents, registrations or authorisations are to be granted for any legal figures or institutions regulated by this law, when the contents of an application are contrary to public order, morals and good customs.
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Sponsored by OLIVARESIn Mexico, droit moral is attached to the author and is inalienable, does not expire, cannot be waived and cannot be encumbered. The author and his/her heirs can enforce this right.
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Sponsored by OLIVARESIt has become common practice for parties of any administrative proceeding to ask the Institute of Industrial Property to require a third party, not related to the proceeding, or even its counterpart, to respond to several questions raised by the offeror of the proof. Such evidence is based on Article 203 of the Industrial Property Law, which states the "requirement to provide information and data" so that the authority can conduct inspection.
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Sponsored by OLIVARESThe use of hyperlinks may be considered as a trade-related copyright infringement under certain circumstances.
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Sponsored by OLIVARESTo understand the application and scope in our legal system of the exhaustion of rights doctrine it is necessary to know what it means. So, we must understand that the exhaustion of rights is a limitation on IP rights, which results in the loss of these exclusive rights granted to the titleholder over some product covered by an IP right, when such product has been lawfully introduced to the market by him or with his consent.
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Sponsored by OLIVARESAlejandro 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
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Sponsored by OLIVARESWith 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
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Sponsored by OLIVARESThree 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