Oppositions & Appeals

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.

Past August 30, 2016, a trademark opposition system has come into effect in Mexico. The amendment to the Mexican IP Law was published in the Official Gazette June 1, 2016 and a new opposition has come alive, where before there was none. While the opposition system is most certainly welcome, taking into account that it will make it easier – and cheaper – for opponents to oppose published trademarks that might be deemed too similar to their previous trademarks, the new opposition system has some local peculiarities that might make it a strange beast for most foreign applicants.

Past April 20th, 2016 the Rwandan government has released an Official Gazette Special.

This important document, drafted in Kinyarwanda, French and English, makes effective recently promulgated laws and modifies various IP laws. The main changes are the following:

With its 17 March 2016 decision (case C-99/15), the European Court of Justice (hereinafter “ECJ”) has taken an important step towards European IP law harmonization, clearing all the doubts that were raised among scholars and European national courts.