Enforcement

Bemanya Twebaze, The Registrar General of Uganda Registration Services Bureau has just been elected President of the WIPO Advisory Committee on Enforcement.

The election of Bemanya, that has previously served as President of Paris Union Assembly of WIPO, is a remarkable achievement for Uganda.

Counterfeit products are everywhere nowadays, filing the markets with twin scourges,  often very similar, or even fairly identical to the originals, with almost certainly lower quality but much cheaper, which makes them very understandably more attractive for consumers that have no means to purchase the real deal – the first generation goods.

Nigeria’s Federal Ministry of Industry, Trade and Investment Commercial Law Department Trademarks Registry recently announced the publication of the first Compendium of Rulings of Trademarks Tribunal.

The real impact of Artificial Intelligence (AI) in the various fields of Law is still largely unknown. However, as stated in the European Parliament resolution of 16 February 2017 with recommendations to the Commission on Civil Law Rules on Robotics (2015/2103(INL))  (v. 015/2103(INL)), no one doubts that this industrial revolution “is likely to leave no stratum of society untouched”, which is why is “vitally important for the legislature to consider its legal and ethical implications and effects, without stifling innovation” (vid. p. 3, B).

Kenya has given a major step concerning anti-counterfeiting by approving a Customs Recordal Application system. This procedure will be made possible by an amendment to the Kenyan Anti-Counterfeiting Act No. 13 of 2008.

The electropop song “Toy” that won last year’s Eurovision as the Israeli submission was embroiled in a copyright dispute with Universal Music Group because of rhythmic similarities with “Seven Nations Army” performed by the White Stripes and composed by Jack White.

The long-awaited renovation of Malawian’s Trademark Legal Framework is a reality since the October 1st 2018, as the New Act No. 2 of 2018, published on February 2nd 2018, has finally entered into force. The new law replaces a Trademark Act from 1957, and it will consider several international instruments regarding trademark protection.

This is a very positive change, as it means that the country will improve its Intellectual Property practices, as well as it will also be able to comply with the international trademark system.

The International Conference Respect for IP – Growing from the Tip of Africa took place in South Africa, and brought together government ministers and policymakers, judges and senior enforcement officials, international governmental and non-governmental organizations, businesses, the legal fraternity and consumer groups, to share their ideas about how to reach an effective and balanced Intellectual Property – IP enforcement system on the continent.

The 97th PTMG’s Autumn Conference took place in Dubrovnik, Croatia. The event focused on Trademark Protection in the Pharma Industry.

The international use of Nonproprietary Names (INN) was one of the issues that stood out at this event. The presentation of case studies was highlighted by the participants as a plus of this edition, that counted with our attendance.

It is important to state what a “pharmaceutical trademark” is. When I use the term, I do not intend to mean or create a new legal type of trademark. Nor do I refer directly to class 5 of the Nice Classification since it covers more than pharmaceutical products, such as “diapers for babies”. I use the term only for academic purposes, to identify trademarks where protection is given to drugs and medications and where the legal approach and solutions may be distinct from those of other products.