Local Insights

Matthew Costard of Spoor & Fisher Jersey considers application of the Madrid Protocol across Africa as Ethiopia’s intellectual property practice looks set to move closer to global standards

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

Wu Xiaoping of Wanhuida Intellectual Property says the methodology often applied in assessing inventiveness in pharmaceutical patent litigation cases is set to be used in re-examination and invalidation proceedings after the CNIPA makes an invalidation decision a quasi-precedent

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

Meyke 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

Güldeniz 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

Michaela Weigel-Krusemarck of Maiwald considers the impact of the Enlarged Board of Appeal introducing a rebuttable presumption that a patent applicant is entitled to claim priority

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