Litigation

On April 26th and 27th, it was held the 1st Angolan Congress of Industrial Property, organized by Ponto de Vista, in partnership with Inventa International and the Angolan Institute of Industrial Property (IAPI).

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

The Portuguese State was acquitted by the Intellectual Property Court regarding the court case where the inventor Manuel Londreira claimmed plagiarism of the Fiscal Equity program with the creation of the “e-fatura” system.

In 2011, Manuel Londreira presented the Fiscal Equity program to the then prime minister, José Sócrates. In 2015, he formally accused the State of plagiarism of his program by creating the “e-fatura” system.

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.

This court, called the Fifth Civil Court of First instance, will be used to hold hearings related to appeals against final refusal decisions by the Registrar, litigation proceedings with respect to infringement cases and oppositions by third parties, and cancellation proceedings, which is going to accelerate the decision making process for the above mentioned cases.

Contrary to the real estate business, where the system favors the concentration of wealth in only by just a few economic agents, intellectual property has the virtue of being more democratic. With an insatiable, curious, irreverent and inspired intelligence, anyone may can create wealth. The power of the mind is huge enormous.

The Ministry of Trade of the Democratic Republic of Congo announced an increase of about 15% on the country’s official fees regarding intelectual property, that covers trademark, patent and design registrations.

If you wish to know more about this matter, please contact us at africa@inventa.com .

Ferrari with its well known trademark “Testarossa” at risk in Germany.

Following the dispute between the famous car manufacturer Ferrari and the Autec AG, holded by the Kurt Hesse with respect to trademark “Testarossa” in Germany, arised the well known trademarks genuine use issue.

The protection of the rights of indigenous people, including their intellectual property rights, has made a great progress in the past few years.
Not being considered in legal legislation or literature, this progress is largely due to the fact that indigenous names, images, symbols or patterns of commercial products have never been so common. Incorporating verbal and visual elements of indigenous people into brands, designs or models, has proved to be an effective way to make the products more attractive, more distinctive and therefore of more economic value.

The translation of foreign words in determining whether they are registrable as trademarks, or confusingly similar with existing marks is, certainly, a relevant matter in the Trademarks’ Right. In this brief overview, we comment on its importance, giving special attention to the USPTO’s doctrine of the foreign equivalents.