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Red Brand Chicken: A cautionary tale of bad faith and the EUIPO-EU General Court dynamic

On November 12, 2024, the European Union (EU) General Court’s Fourth Board of Appeal issued its decision in case R 1165/2020-4. This case highlights the vital relationship between the EU Intellectual Property Office (EUIPO) and the judicial mechanisms of the EU, particularly the role of the General Court. The appeal structure ensures that decisions of the EUIPO, including those...

December 23, 2024

Diogo Antunes

Opinion Portugal Trademark Europe Geographical Indications

INPI and IVV Sign a New Protocol to Protect Trademarks in the Wine Sector

To continue the collaborative relationship between the Portuguese National Institute of Industrial Property (INPI) and the Institute of Vine and Wine (IVV), a new protocol was signed on 29 October 2024. This agreement aims to prevent trademark registrations that may cause conflict, and safeguard collective heritage by ensuring such terms remain tied to their rightful geographical origins and are n...

December 19, 2024

João Pereira Cabral

Opinion Patent Law Europe

Defending inventors’ rights against unlawful patent filings in Europe

This article explores the legal remedies under the European Patent Convention (EPC) that enable rightful applicants to reclaim ownership of European patent applications unlawfully filed by others. Such situations often arise from breaches of ethical or legal obligations. Several scenarios can jeopardise an inventor’s or organisation’s rightful claim to a patent. For example: employe...

December 4, 2024

Vítor Sérgio Moreira

Press Release Portugal Slovenia Law Europe

Vítor Palmela Fidalgo appointed Portuguese representative to the UPC Patent Mediation and Arbitration Centre

Vítor Palmela Fidalgo, Legal Director of Inventa, Lawyer, and Assistant Professor at the Faculty of Law of the University of Lisbon, has been appointed by the Unified Patent Court (UPC) as the Portuguese representative on the court's Mediation and Arbitration Center. This position is exclusive to one expert per country, with only 12 experts selected across Europe, serving a six-year...

November 27, 2024

Opinion Kenya Uganda Tanzania Patent Copyright Counterfeiting Trademark Africa Enforcement

Comparative Analysis of IP protection in East Africa: Uganda vs. Rwanda, Tanzania, and Kenya

Uganda’s intellectual property (IP) framework has undergone significant updates in recent years, including the introduction of new trademark regulations and efforts to control counterfeiting. However, despite these advancements, Uganda continues to face challenges in enforcement and efficiency. While its situation shares similarities with Tanzania in many aspects, it remains weaker compared...

November 25, 2024

Vera Albino

Press Release Nigeria Patent Industrial Design Trademark Africa

Inventa Nigeria at the Africa Startup Festival (ASF)

On November 16, Inventa Nigeria attended the Africa Startup Festival (ASF), a vibrant gathering of young professionals, founders and ambitious entrepreneurs from across the African continent. The ASF featured discussions on innovation, deal-making, and strategic collaboration within the startup ecosystem. Representing Inventa at the exhibitor booth were Angela Adebayo Agbe-Davies, Director of I...

November 25, 2024

Opinion European Union Trademark

Tourism’s influence on defining the ‘relevant public’ in EUTM oppositions

Likelihood of confusion is by far the most used ground for refusal in oppositions against European Union trademark (EUTM) applications. It exists if there is a risk that the relevant public might believe that the goods or services in question come from the same undertaking or economically linked undertakings. Consequently, the ‘relevant public’ concept is a determinant for...

November 21, 2024

João Pereira Cabral

Press Release United States of America Trademark America

INTA Leadership Meeting 2024

From November 12 to 15, Daniel Reis Nobre attended the INTA Leadership Meeting in New Orleans (Louisiana, USA), joining committee members of INTA to discuss a variety of emerging IP Topics. During the four day-event attendees had the opportunity to expand and strengthen their networks, as well as their skills through bootcamps, workshops and the “Leadership Lab” inte...

November 19, 2024

Opinion European Union Patent Law Industrial Property

Never underestimate the ‘industry’ requirement in patent applications

It is well known that for an invention to be patentable, it must be ‘new’, even if the concept of what is new is not fully clear. But if we move forward and ask about the other two patentability requirements that must be met for an invention to be granted a patent—inventive step and industrial applicability—others might scratch their noses and tilt their head. For those...

November 6, 2024

Susana Rodrigues

Opinion China ARIPO Patent Africa

CNIPA-ARIPO PPH Pilot Program

CNIPA and ARIPO will collaborate over the next five years to enhance intellectual property cooperation between China and Africa through the new CNIPA-ARIPO Patent Prosecution Highway (PPH) Pilot Program. Inês Monteiro Alves explores how the pilot program is designed to streamline patent examinations across both regions. By leveraging prior work completed by one patent office, the program...

November 4, 2024

Inês Monteiro Alves

Press Release United States of America Trademark

INTA Leadership Meeting

Daniel Reis Nobre will attend the INTA Leadership Meeting in New Orleans (USA) from November 12 to 15, joining fellow International Trademark Association (INTA) committee members to focus on key intellectual property topics. During the four-day event, Daniel will also moderate a session titled 'Green Gambits: Unfair Competition in the Eco-Friendly Era' on November 14, from 2:3...

October 29, 2024

Opinion Nigeria Counterfeiting Trademark Law

Protection of popular trademarks: A legal recourse

Popular trademarks are those trademarks that are easily recognisable and are immediately attributed to a particular product or service in the minds of the consumers. Popular trademarks bring about huge commercial value to their owners as they act as a marketing tool. Given its widespread reputation, it enjoys broader protection compared to an ordinary trademark regardless of whether or no...

October 28, 2024

Izuchukwu Chinedo

Jurisdiction