Prosecution

After 61 years of no substantial revisions to Malawi’s trademark legal framework, 2016 was the year when a new and fresh trademark Bill has been finally drafted and formally published in the country’s Government Gazette in order to notify the public that the matters subjected in the diploma would be up for debate in Malawi’s Parliament.

The General Director of the World Intellectual Property Organization (WIPO) notified of the deposit by the Government of the Republic of Uganda of its instrument of ratification of the Marrakesh Treaty (adopted on June 27, 2013), forming part of the body of international copyright treaties administered by WIPO. Marrakesh Treaty’s main goal is to create a set of mandatory limitations and exceptions for the benefit of the blind, visually impaired, and other print disabled.

The Patent and Trademark Office of Rwanda has released an announcement stating that existing trademark registrations under Law 31/2009 of October 2009, effective from 14th December 2009 are required to be renewed within the new deadline of 14th of December, 2019.

Before Law 31/2009 of October 2009, there was no provision for the renewal of trademarks and therefore, there are no lapsed trademarks in this jurisdiction up until this date. At this moment, every trademark registered from 1904 up until 2009 is required to be renewed in 2019.

OAPI has adopted the 11th Nice Edition – version of 2018. The Organization had already accepted the 2017 version, which was effective up until 31st March 2018. The new version has been effective from 1st day of April, 2018.

To provide you an overview on the DIU’s matter, it is important to know that, in practical terms, the DIU is a simple declaration that shall be signed by the applicant or responsible agent and that shall contain the relevant data of the applicant and of the registration at stake (as we will explain further on). In accordance with the national IP law’s article no. 165, Decree-Law 4/2007 of 20th August, this declaration must be filed in respect to trademarks every 5 years, counting from the date of registration.

On March 26, the General Director of WIPO announced with satisfaction the adherence of the Islamic Republic of Afghanistan to the Madrid Protocol.

The Madrid system makes possible for a trademark to be registered by any applicant through a single application in all countries that are part of this agreement.

Some of the main changes relating to trademarks in Mexico, approved last month, introduce more flexibility on the registration requirements.

The 11th edition of the Nice Classification entered into force in February, 2018 in Oman.

The Ministry of Commerce and Industry (MUSCAT) officially adopted the 11th Edition of the International Classification of Goods and Services for the Purposes of the Registration of trademarks under the Nice Agreement.

Since February 1st of 2018, applicants have been able to submit trademark applications designating items from the international classification system.

This will not affect trademarks which already have been filed and registered in Oman.

The new Bill has relevant changes to it, which makes it look far more like a modern trademark statute.

Three months ago, on December 2017, a new Trademark Bill was approved by the Malawi’s Parliament and sent to the President in order to assent it. This Bill was created to replace the Trade Marks Act 1957, which was yet antiquated and in need of updating.

Last November of 2017, the Russian Federation deposited its intrument of ratification of the Geneva Act of the Hague Agreement Concerning the International Registration of Industial Designs, adopted at Geneva on the 2nd of July of 1999.

Applicants from countries that belong to the Hague Convention will be able to file one international application that directly covers several countries and Russia will now be an option.

The same will enter into force, in respect of the Russian Federation, on February 28 of 2018.