Litigation

Trademarks are signs that identify the commercial origin of certain goods and services and distinguish them from those of other companies. However, while this simple sentence explains their intended function, identifying a trademark isn't as straightforward.

Words and symbols are the first types of trademarks that we can imagine. However, this is only the tip of the iceberg. Trademarks can be found in colours, sounds, shapes and even patterns. This is not an exhaustive exemplification.

Mainly, a trademark must be distinctive.

Vítor Palmela Fidalgo attended the Pharma and Biotech Patent Litigation Summit in Amsterdam, Netherlands, starting on January 23rd.

The increasing trend of registering digital symbols, such as emojis and hashtags, prompts a critical reassessment of how conventional trademark laws accommodate these modern forms. Diogo Antunes explores the Käselow Holding GmbH application in his latest article for IP STARS (Managing IP), addressing the intersection of digital communication and legal principles.

The Inventa IP Review magazine highlights some of the IP news of the previous year, written by our team, through opinion articles, interviews or press releases. We cover relevant topics that have marked the field of innovation, trademarks, patents or intellectual property rights.

Submitted by Grupo Bimbo, S.A.B. de C.V. in July 2022, the request for protection of a three-dimensional sign representing a biscuit - a “flat, round biscuit, on the front of which 144 squares with their protuberances or reliefs are represented in parallel and equidistant, surrounded by a thicker border with 33 oval rings, creating, as a whole, a characteristic and distinctive shape” - was recently denied.

1. Introduction

The emergence of Artificial Intelligence has sparked significant changes across various sectors, including in the field of patent law. The ability of AI systems to develop new creations poses unique and challenging questions to the conventional structures of IP law. This article explores the implications of AI inventorship within the specific context of South African IP law, shedding light on the legal ambiguities and offering recommendations for future policy adaptations.

Can innovations based on traditional knowledge be protected, even if not by conventional intellectual property (IP) systems?

Marisol Cardoso explores the measures taken by numerous African nations to protect this knowledge. These measures encompass various dimensions, including the establishment of relevant legislation, the formulation of specific policies, and ongoing collaboration between indigenous communities and the relevant government authorities.

Barbie is a trending topic, no doubt, but it's not just an example of marketing and advertising. Throughout its history, Intellectual Property has always been present. To frame historically, Ruth Handler, co-founder of Mattel, realized her daughter, Barbara, preferred her dolls to embody an adult role and appearance, unlike the standard and purely childish dolls of that time. This recognition led her to identify a potential gap in the market.

One fundamental aim of every civil justice system is the efficiency, assuring that any administrative or judicial institution be capable of decide in a timely and cost-effective manner, without compromising the quality and legitimacy of the process, which is known by the principle of procedural economy or judicial economy.

This principle is particularly important in the context of the European Union, where multiple institutions, including the European Commission, the European Parliament, and the Council of the European Union, are involved in the decision-making process.

We are proud to see Inventa recognized in the Leaders League ranking of the best firms in Portugal for 2023 in "Trademark Prosecution" (Leading Firm), "Patent Prosecution" (Leading Firm) and "IP Litigation" (Highly Recommended Firm) categories, with a particular highlight on the performance of Vítor Palmela Fidalgo, Vítor Sérgio Moreira, and João Pereira Cabral.