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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 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
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Sponsored by OLIVARESMoisés Castorena Katz of Olivares reports on a non-binding resolution that draws on the Mexican Supreme Court’s ruling that web pages can be blocked if they violate third-party copyright to a sufficient degree
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Sponsored by OLIVARESErika Rocío Santillán of Olivares explains the legal position in Mexico with regard to the protection of inventions through the identification of a novel technical step in the manufacturing process
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Sponsored by OLIVARESSeveral pieces of Mexican legislation in recent years have established the validity of consent letters in formalising the coexistence of identical or similar trademarks, explains Sergio Olivares Nieto of OLIVARES
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Sponsored by OLIVARESIntellectual property rights holders face a race against time to prevent the arrival and circulation of counterfeit goods in Mexico. Jose Carlos Ramirez of Olivares explains the protection available through border measures
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Sponsored by OLIVARESJorge Juárez of Olivares explains the requirements for applicants aiming to protect industrial designs in designating Mexico and highlights the importance of compliance with the unity of design requirement
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Sponsored by OLIVARESJaime Rodríguez of Olivares explains the implications of the revocation by the Mexican Federal Court of Administrative Affairs of the criteria commonly used to allow complainants to credit their legal standing on trademark non-use cancellation proceedings
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Sponsored by CASPeter Blasi, Global Strategic Account Manager for the CAS Ionic Affinity Program, talks to Managing IP about prior art patent searches, sharing his advice on maximising both thoroughness and efficiency
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Sponsored by CASCAS explains how intellectual property (IP) is becoming increasingly central to companies, particularly to research and development (R&D) teams, and highlights five key findings from a survey of senior business leaders
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Sponsored by CASCAS explains the five high-risk areas of IP for R&D organisations and identifies how companies can protect their innovations and safeguard their growth potential
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Sponsored by CASCAS shares how patent offices around the world are adopting AI, and explains the benefits of clean data, multiple algorithms, and leveraging human expertise alongside technology
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Sponsored by CASThe CAS IP Research Team analyse how organisations are applying IP insights to accelerate scientific breakthroughs and identify potential risks to commercialisation
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Sponsored by CASPeter Blasi, business development manager at CAS IP Search, explains how to set standards for an effective IP search
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Sponsored by CASAnne Marie Clark, senior patent searcher at CAS, looks at ways to protect and commercialise the promise of RNAi
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Sponsored by CASCAS considers how the emerging field of RNA therapeutics highlights trends in targets, chemical modifications, and new delivery systems that increase stability of RNA
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Sponsored by Red PointsRed Points, in partnership with Managing IP hosted a webinar on April 7 at 9am PDT / 12pm EDT / 5pm BST to discuss best practices in uncovering and dismantling large-scale counterfeiters
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Sponsored by OLIVARESMauricio Sámano of OLIVARES explores how the pandemic has changed IP processes for businesses in Mexico
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Sponsored by OLIVARESSantiago Pedroza of OLIVARES looks at how the opposition procedure has undergone changes to protect right holders
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Sponsored by OLIVARESRommy Morales of OLIVARES explains the key elements to consider for submitting post-filing experimental evidence
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Sponsored by OLIVARESDiego Ballesteros of OLIVARES examines the evolving law of declaring trademarks in Mexico
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Sponsored by OLIVARESArmando Arenas of Olivares explores how Mexico has interpreted the experimental and academic use exception
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Sponsored by Katten Muchin RosenmanKaren Artz Ash and Alexandra Caleca of Katten Muchin Rosenman take a closer look at the Trademark Trial and Appeal Board’s decision on preventing Dolce Vita’s use of the ‘CLEAR’ trademark on opaque products
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Sponsored by OLIVARESAlejandra Badillo of Olivares discusses a Supreme Court ruling where the use of a trademark in IP law is now defined as having “real and effective use”
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Sponsored by Katten Muchin RosenmanKaren Artz Ash and Alexandra Caleca of Katten Muchin Rosenman explore the legal battle between a popular bridal designer and a bridal gown company over the use of social media accounts
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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 Katten Muchin RosenmanKaren Artz Ash and Alexandra Caleca of Katten Muchin Rosenman explain the provisions of the Act which seeks to support trademark owners in combatting fraud
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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 Faegre Drinker Biddle & ReathRobert Stoll, partner at Faegre Drinker Biddle & Reath and previously commissioner for patents, examines essentiality audit data relating to 5G patents
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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 Bird & BirdRichard Vary, Clemens Heusch and Matthias Schneider reveal their views on component-level versus end-point licensing and Unwired Planet
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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 Smart & BiggarKwan Loh and Jamie-Lynn Kraft of Smart & Biggar review the changes made to Canadian trademark law and offer tips on how to navigate the road ahead
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Sponsored by MMXWith many blocks on .xxx domain names expiring next year, brand owners should consider using new tools to prevent their trademarks being available to third parties
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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 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 Katten Muchin RosenmanIn Fifth Generation Inc. v Titomirov Vodka LLC, the Trademark Trial and Appeal Board (TTAB) issued a precedential ruling, granting Fifth Generation's motion for summary judgment as a sanction in view of Titomirov Vodka's failure to comply with the TTAB's orders, as well as its pattern and practice of avoiding its discovery obligations.
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Sponsored by Katten Muchin RosenmanIn In re Odd Sox LLC, the Trademark Trial and Appeal Board (TTAB) issued a precedential ruling, holding that the term "generic name" as used in the Trademark Act encompasses product packaging, and that the generic inquiry is applicable to assessments of source identification capabilities of product packaging.
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Sponsored by Katten Muchin RosenmanIn Andy Warhol Foundation for the Visual Arts Inc. v Goldsmith et al. No. 17-CV-2532, 2019 (S.D.N.Y. July 1 2019), the US District Court for the Southern District of New York addressed the question of whether Andy Warhol's (Warhol) use of a photograph of Prince Rogers Nelson, best known as Prince, constituted violations of the Copyright Act. Granting the Andy Warhol Foundation's (AWF) motion for summary judgment, the court found that although the at-issue photograph was protected by copyright, AWF had a viable fair use defence.
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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 Katten Muchin RosenmanIn In re TracFone Wireless, Inc., the Trademark Trial and Appeal Board (TTAB) issued yet another decision finding that a particular designation fails to function as a mark – the subject of over 21% of precedential rulings this year. These decisions highlight the importance of brand owners, marketing teams, advertising departments and legal counsel coordinating effectively.
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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 Katten Muchin RosenmanIn Universal Standard Inc. v Target Corp. (S.D.N.Y., No. 18 Civ. 6042), the US District Court for the Southern District of New York addressed the question of whether sharing attorney-client privileged communications with a public relations firm destroys that privilege. The court found that Universal Standard waived the privilege by including its public relations firm, BrandLink, in emails discussing strategy related to the lawsuit.
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Sponsored by Katten Muchin RosenmanIn In re Hikari Sales USA, Inc., the Trademark Trial and Appeal Board (TTAB) issued a second precedential decision involving genericness, this year, just two days after issuing its first one. In doing so, the TTAB sent a strong message to brand owners hoping to obtain exclusive rights in highly descriptive or otherwise common terms.
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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 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 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 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.