Litigation

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.

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.

We live in the digital age where most advertising is now done through social media and influencers. Product advertisements have transitioned from TV channels to influencers promoting them on social media platforms like Instagram, YouTube, TikTok, Facebook, and others. The difference now is that advertising is often accompanied by product reviews. Influencers test the products and then share their opinions about them.

Is it possible to draw a line between IP rights and other fundamental rights? It depends.

Published on IP STARS (Managing IP), Vera Albino summarizes four decisions of 2022 in which European courts had to consider the relationship between copyright and the right to respect for private life, the right to information or even freedom of expression, guaranteed by European law.

In some cases, as we can see, it is necessary to strike a relatively fair balance between them.

In simple terms, a counterfeit is a product that imitates the genuine one and constitutes an infringement of IP rights. This vice is a global concern that denies IP owners their deserved benefits, the result of their resilience, innovation, and financial effort.

Due to its geographical position, bordering Somalia, Uganda, and Tanzania, and its proximity to the Asian sea, Kenya may be deemed as an appealing key distribution point for counterfeit products.

On November 29, the Parliament of East Timor approved the country's first Code of Copyright and Related Rights, intended to protect the creation, production and commercialization of literary, scientific and artistic works and their respective authors.

This law, which will come into force 180 days after its publication, proves to be an essential regulatory basis for the recognition of national innovation and culture, rewarding its authors and thus stimulating the creation of new intellectual assets in the most diverse areas of expression.

With the technological advance of the internet, increased access to content and information is proportional to the heightened access to content that infringes IP rights.

If it is possible to access entertainment content on a paid streaming service, it is also possible to find on the internet the same movie, music or game on platforms that provide this access sometimes for free and without the proper authorisation. The same occurs with counterfeit clothing and footwear, available for reduced prices. 

EUIPO’s 2022 IP Youth Scoreboard

In many countries, a patent can only be registered if it is new, has an inventive step, and is industrially applicable. In addition to meeting these substantial requirements, you also must meet other formal requirements, including legal deadlines.

It turns out that in many jurisdictions there are types of patents with substantial lighter requirements, namely utility models.