Enforcement

Every year, since the year 2000, World Intellectual Property Day is celebrated on April 26. Every year, the World Intellectual Property Organization chooses a theme for this celebration. In 2021, the chosen theme was the importance of intellectual property (IP) for small and medium-sized enterprises (SMEs), when they bring their ideas to the market.

For the past seven years, fashion retailer Truworths has had its eye on the PRIMARK trademark. In 2018 it successfully cancelled Primark Holdings’ UK mark for non-use and in 2019 the company applied for its own version of the mark. Truworths CEO Michael Mark has now announced that it will launch 15 stores in the next few months in an attempt to adapt to changing shopping habits following the covid-19 outbreak.

Background

Trademark owners have exclusive rights to exploit their protected goods and/or services, which prevent others from using equal or similar distinctive signs in the jurisdiction in which their rights are valid. In some cases, trademark owners adopt defensive strategies and file trademark applications in classes that are not directly related to their business in order to obtain the widest scope of protection and prevent third parties from filing similar marks that could dilute theirs.

The Madrid Union is based on the Madrid Protocol 1989, which allows applicants to directly file trademarks in several countries with a single application and set of fees, through a centralised bureau that forwards them office actions. This cost-effective system can circumvent the need to directly file trademarks in national and regional offices, resulting in greater cost savings for applicants.

Regional reach

While businesses are exposed to significant challenges in Africa, Daniel Reis Nobre and Inês Monteiro Alves untangle IP misconceptions surrounding the continent.

Until mid-2020 there were no regulations drafted on the implementation of the Sierra Leone Trademarks Act 2014, nor was the date of its entry into force defined in the act that was published in the Sierra Leone Gazette (vol CXLV 53 (9 October 2014)).

Although the Office of the Administrator and Registrar General (ie, the Sierra Leone Registry) informally announced in September 2018 that the new act is in effect and being enforced by the registry, no official notification has been issued thus far.

Protecting trademarks should be a priority when starting a new business. However, many entrepreneurs do not consider this, which can lead to unpleasant consequences.

In an era where millions of content creators are uploading their works online, copyright infringement has become very easy, being as simple as uploading a TikTok video or making an Instagram Story.

Vitor Palmela Fidalgo of Inventa International gives us an overview of “genuine use” in Angola’s latest industrial property Bill.

On May 18 and 19, 2020, the 73rd Assembly of the World Health Organization (WHO) took place, which, considering the circumstances we find ourselves, was held for the first time virtually. This Assembly resulted in the long-awaited Resolution that aims to provide a global response to Covid-19. The Resolution was co-sponsored by more than 130 countries and adopted by consensus.