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Africa: patenting against the clock

A patent prosecution process carried by a patent office takes a significant time lasting usually from three to six years. The period from filing the patent application to patent granting depends on several factors, for example the work capacity of the patent office, meeting of the patentability criteria, number of necessary substantive examinations, and some time limits set forth by patent laws an...

November 29, 2021

Vítor Sérgio Moreira

Opinion Sudan Patent Trademark Africa

How the military coup in Sudan affects trademark rights

Since the ousting of former President Omar al-Bashir in 2019, Sudan has been ruled by an alliance between military and civilian groups. However, on 25 October 2021, the military took control. dissolving the transitional government and detaining Prime Minister Abdalla Hamdok – although he returned to his residence the next day, according to a source within the Sudanese prime minister’s...

November 24, 2021

Inês Monteiro Alves

Opinion ARIPO OAPI Patent Africa

Patents in Africa: ARIPO vs contracting states' laws

In Africa, inventions can be protected by patents through a direct filing in the country of interest using the Paris Convention or through a sole filing in a regional office. With regard to the regional offices, the applicant can choose among the Organisation Africaine de la Propriété Intellectuelle (OAPI), the African Regional Intellectual Property Organization (ARIPO), or both, sin...

November 22, 2021

Marisol Cardoso

Opinion Trademark WIPO Africa

How the Global Innovation Index rankings highlights African innovation

WIPO published the 14th Global Innovation Index (GII) in September. This year’s edition was dedicated to tracking innovation through the covid-19 crisis and explores several key indicators – including trademark-related information – to identify trends in innovation across 132 countries. One of the objectives of this is to assist policymakers to promote creativity and in...

November 16, 2021

João Francisco Sá

Opinion Madagascar Patent Africa

Madagascar: biodiversity and patent rights

Madagascar is an island country in East Africa, located in the Indian Ocean. As a result of the island’s long isolation from neighbouring continents, Madagascar is home to various plants and animals found nowhere else on Earth, being therefore considered as a biodiversity hotspot. Due to its abundant and diverse natural resources, the island’s economy has its mainstays in agricultur...

November 9, 2021

Marisol Cardoso

Opinion European Union Trademark Application Trademark Europe

How not to register your sound mark

This is a new case of applying to register a sound mark which gained notoriety in the news media and, once again, was rejected owing to the absence of a distinctive character – sound marks are eligible for registration, though not all. Albeit under different arguments, the General Court of the European Union confirmed the decision by the European Union Intellectual Property Office (EUIPO)...

November 8, 2021

Júlia Alves Coutinho

Opinion Cape Verde Trademark Africa

Demystifying the types of permissible trademarks in the emerging IP stronghold of Cape Verde

As per Article 139 of Cape Verde’s Trademark Law, a trademark may consist of a “sign or an arrangement of signs capable of being represented graphically, particularly words, including personal names, designs, letters, numerals, sounds, the shape of goods or of their packaging, as long as they are capable of distinguishing the products or services of one company from those of other comp...

November 3, 2021

Diana Pereira

Opinion South Africa Copyright Trademark Africa

The far-reaching influence of African artists in the world of corporate branding strategies

Collaborations between brands and artists are common in the fashion industry and other sectors where aesthetics play an important role. Examples of this include the 13-year partnership between Louis Vuitton and Takashi Murakami, which is considered the brand’s most successful collaboration with an artist, or the BMW Art Car project, which started in 1975 and has involved Andy Warhol amo...

October 28, 2021

Vera Albino

Announcement Seychelles Patents Search Patent Utility Model Industrial Design Africa

Accession of The Republic of Seychelles to the Harare Protocol

Starting on 1st January 2022, applicants of the ARIPO system will be able to designate Seychelles in their patent and design applications. The President of Seychelles, Wavel Ramkalawan, signed the instrument of accession to the Harare Protocol on 26th August 2021. The Harare Protocol on Patents, Utility Models and Industrial Designs governs the regional procedures and substantive requirements f...

October 11, 2021

Opinion China Patent Patent Internationalisation Europe

Patenting Activity before the European Patent Office by Chinese Organizations

The Chinese organizations have been investing in several European markets, and an effective protection by means of the patent system is comprised in the strategy of said organizations. Regarding protection of intellectual assets by means of patents, filing a patent application before the European Patent Office is a common approach to have patents in force in several European countries. The EPO is...

October 7, 2021

Vítor Sérgio Moreira

Opinion South Africa United Kingdom Copyright

The rise of amapiano and its appropriation

The worldwide success of African music hits can lead to mixed feelings: happiness over its long-deserved recognition, but also concern that the artists will not get their dues. By early 2019, amapiano, a style of house music that emerged in South Africa in 2012, had taken over the radio and clubs of South African townships and made stars of artists such as DJ Stokie, Junior Taurus, MFR Souls, M...

October 4, 2021

Inês Sequeira

Opinion South Africa United Kingdom Patent Europe

DABUS: the ‘natural person’ problem

The Device for the Autonomous Bootstrapping of Unified Sentience (DABUS) case dates back to August 2019, when a team of academics from the University of Surrey in the UK filed two patent applications in the UK Intellectual Property Office (UKIPO), the European Property Office (EPO) and the US Patent and Trademark Office (USPTO), for inventions developed by artificial intelligence (AI)....

September 27, 2021

Miguel Bibe

Jurisdiction