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Can trade mark law help protect one’s privacy (and stop the spread of embarrassing WhatsApp audio messages)?
The use – and abuse – of IP rights to achieve objectives other than protecting what those rights were originally meant to do is not new. In all of this, however, the interplay between IP and privacy is arguably an emerging and still underexplored area.
Nauru secures $1bn socio-economic development project with China company
Minister for Foreign Affairs & Trade, Hon Lionel Aingimea, MP and chairman of the China Rural Revitalisation and Development Corporation (CRRDC), Zhang Yong signed a phase 1 investment project proposal valued at approximately AU$1 billion, further cementing economic injection for Nauru' socio-economic development, 5 August.
Respecting the Lens: Copyright Infringement and the Rights of Photographers in South Africa
In the digital age, photographs are shared, reposted, and embedded across websites with ease. Yet behind every image lies a creator, a photographer who has invested time, skill, and resources to produce a work of art. When these photographs are used without permission, it constitutes copyright infringement under South African law, and the consequences can be significant.
Generative AI in fashion design creation: a copyright analysis of AI-assisted designs
The growing use of generative artificial intelligence technology (gen-AI) technology in design creation offers valuable tool for increasing efficiency and for widening the creative perspectives of fashion designers.
Once the genie is out of the bottle…
So far, the Aladin case law and the principle of partial use have only been applied to decide whether genuine use of a trade mark has been established for a broad term by submitting evidence of use for goods or services that fall under that broad term. In a recent judgment of the General Court (T-144/24), the judges applied this case law to terms falling in different classes.
IPOPHL intensifies copyright awareness, protection to push PH music higher in global IFPI rankings
The Philippines recorded $88.3 million (P5.1 billion) in revenues from recorded music in 2024, a 17.9% year-on-year growth which is the second highest growth rate in Southeast Asia, according to the International Federation of the Phonographic Industry’s (IFPI) Global Music Report 2025.
Divergence between the UPC and EPO on claim interpretation and description definitions (Agfa v Gucci, UPC_CFI_278/2023)
The recent decision of the UPC Hamburg Local Division in Agfa v Gucci (UPC_CFI_278/2023) is another addition to the case law on claim interpretation and the impact of description definitions. The Local Division found Agfa’s patent for decorating leather valid, yet simultaneously ruled that Gucci’s products did not infringe. The entire case pivoted on the interpretation of the word "achromatic" in view of conflicting description definitions. In contrast to the recent Board of Appeal interpretations of G1/24 finding that description definitions do not override clear claim language (IPKat), the UPC Local Division found that a narrow description definition should be used to interpret the claims.
[Guest post] Retromark Volume XVI: the last six months in trade marks
There’s no shortage of interesting cases this round, and plenty of variety within them too. Of particular note is the emergence of post-SkyKick jurisprudence on bad faith and broad specifications, tackled in not one but two of the nine cases considered below.
Trademark Opposition in Indonesia
Trademark Opposition in Indonesia
Public Consultation by the BPTO on Draft Guidelines for AI Inventions
On August 19, 2025, the Brazilian Patent and Trademark Office (BPTO) launched a public consultation on the draft Guidelines for the Examination of Patent Applications related to Artificial Intelligence (AI), open until October 17, 2025.
Specsavers (Pty) Ltd v Strategic Ideal Holdings (Pty) Ltd
On 27 March 2025, the High Court of Botswana (in Lobatse) presided over by Judge Busang, delivered a significant judgment in the matter between Specsavers (Pty) Ltd (hereafter Specsavers Botswana) and Strategic Ideal Holdings (Pty) Ltd, the licensee of Spec-Savers South Africa. Specsavers Botswana alleged that Strategic Ideal Holdings was passing off through the use of the trade mark SPECSAVERS seeking an interdict and other relief, including punitive costs.
KIPO, Protecting Public Safety and K-Brands - Crackdowns on Counterfeit Goods Distribution!
The government is set to strengthen sanctions on the distribution of counterfeit goods that pose threats to public health and safety, hinder corporate growth and innovation, and erode the global presence of K-brands in overseas markets. In particular, advanced technologies such as artificial intelligence (AI) will be actively deployed to block increasingly sophisticated and covert counterfeit distribution channels, including online platforms, social media, and live commerce broadcasts.
Guide to Trademark Renewal in France
In France, trademarks are a vital asset for businesses, embodying brand identity and market value. With the ever-changing market dynamics and intensifying competition, ensuring the ongoing validity of trademarks has become crucial for safeguarding brand rights.
Update to trade mark practice guidelines
IPONZ has updated its guidelines about trade mark specifications.
Nauru leaders meet top US officials in White House to build stronger economic ties
A Nauruan Government delegation held high level talks at the White House with top US government officials last week, as part of the government's aim to build stronger economic ties with the global superpower.
BPTO Public Consultation on Draft Guidelines for New Uses of Known Products
The Brazilian Patent and Trademark Office (BPTO) published a draft amendment to the guidelines for patent applications involving new uses of known products. The consultation runs until September 26, 2025, with significant potential impact, especially on biotec/pharmaceutical applications.
Namibia now leads Africa Group in negotiations for formulating norms for copyright limitations and exceptions
The Namibian Ambassador to Switzerland, Julia Imene-Chanduru, addressed the 66th series of annual meetings of the Assemblies of the Member States of the World Intellectual Property Office (WIPO), calling for the adoption of an international legal instrument on limitations and exceptions to copyright for libraries, research, museums, educational institutions and archives.
Uganda ratifies the Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge
The Director General of the World Intellectual Property Organisation (WIPO) has issued a notification that the Government of the Republic of Uganda has deposited its instrument of ratification of the WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge (GRATK). The GRATK Treaty was adopted in Geneva on 24 May 2024. It establishes a mandatory patent disclosure requirement in terms of which patent applicants are required to disclose the country of origin of the genetic resources and/or the indigenous peoples or local community providing the associated traditional knowledge in the case of a claimed invention being based on genetic resources and/or associated traditional knowledge.
Zanzibar IP Office announces increased fees
The Zanzibar Industrial Property Office (ZIPO) has officially announced increased fees affecting various intellectual property matters, including trade marks and patents. These revisions were published under the Zanzibar Business and Property Registration Agency (Fees and Charges) Regulations, per Government Gazette Vol. CXXXIV No. 7369 dated 18 July 2025.
Intellectual Property Protection of Cartoon Characters: A Collision of History and the Future
In the vibrant world of animation, every unique cartoon character is a labor of love for its creators, embodying laughter and dreams for countless fans. These characters are not merely images; they are an integral part of intellectual property (IP). This article will explore how cartoon characters are protected under intellectual property laws, review some classic characters from history, introduce influential new characters from the past couple of years, analyze how these characters are safeguarded through trademarks and copyrights, and discuss measures and legal grounds for combating malicious copying.
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{{enterWhos.enText}} Trademark Registration
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Principle of trademark protection:Principle of trademark protection;
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Classification system of goods and services:Nice Classification; multi-class application is available;
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Requirements for trademark use:The applicant shall provide evidence showing use of the trademark on the designated goods/services. Evidence of use for goods includes but not limited to: product photos printed with trademarks, product packaging, product labels, exhibition pictures, brochures, sales contracts and other purchase documents and information; but advertisements or media reports cannot be used as evidence of effective use. Evidence for services includes but not limited to: the brochures printed with trademarks, web page introductions, contracts for provision of services and other documents.
It is important to preserve the evidence when use a trademark in United States; otherwise the trademark will be partially or totally invalidated over the designated goods and services for not submitting sufficient mark use evidence during the stage of submitting the statement of use. -
An application for trademark registration shall be filed before the U.S. Intellectual Property Office (USTPO), and there must be a basis for filing application in the United States. There are mainly three types:(1)"Intended Use": This basis applies to cases where the trademark has not been used in the United States at the time of filing the application for registration. Based on "intention to use" to file an application for trademark registration, the application can be submitted directly without providing evidence of trademark use. However, when the official passes the trademark examination, an official notice will be issued requesting the applicant to submit evidence of use and the time of first use in the world and the United States in order to obtain a trademark registration certificate. If the trademark has not been used before it is approved for registration, the applicant may postpone the submission of the statement of use for a period of 6 months at a time, for a total of 5 times. If the use evidence cannot be provided in the end, the trademark will be invalid.
(2)"Actual Use": This basis is applicable to the case where the trademark was already used in the United States when the application for registration was submitted. When filing an application for trademark registration on the basis of "already used", evidence of the use of the trademark in the United States and the earliest date of use shall be provided.
(3)"Registration in Other Countries": This basis is used when an application for registration of the same trademark has been submitted in the origin country and the applicant cannot provide mark use evidence in the United States for a short period of time. Application information (including designated goods/services) in the US application should be consistent with those in the application of origin country, and a copy of registration certificate in the origin country should be provided.
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