Intellectual Property updates

Argentina

Contributed by Obligado & Cia
Trademark rights and comparative advertising
  • Argentina
  • 23 September 2019

Since the Trademark Law reserves the right to use a trademark for the mark's owner, legal scholars in Argentina have long debated whether the use of trademarks in comparative advertising is permitted. With the recent approval of Emergency Decree 274/2019, legislation has, for the first time, addressed comparative advertising in Argentina in a detailed and systematic manner and established when it is allowed.


Hungary

Contributed by Danubia Patent and Law Office LLC
Metropolitan Tribunal rules lack of similarity after opponent fails to prove reputation
  • Hungary
  • 23 September 2019

Likelihood of confusion is a frequent argument in opposition or annulment proceedings and the case law in this respect is rich. This well-established case law may have motivated the opponent in a recent case to raise the argument of reputation. However, as demonstrated by this case, proving reputation with marketing and sales figures is difficult. Further, evidence of publicity is seldom sufficient.


South Africa

Contributed by KISCH IP
Who should you institute infringement proceedings against?
  • South Africa
  • 23 September 2019

What should a company do when its distributor terminates their supply and distribution contract stating that it is more economical for it to acquire the products from another company? If the first company has a registered patent for the products that the other company is manufacturing, it can institute infringement proceedings. However, the question then becomes against whom should it institute these proceedings: the distributor or the company infringing its patent?


Taiwan

Contributed by Lee and Li Attorneys at Law
TIPO introduces new measure to manage design patent application priority claims
  • Taiwan
  • 23 September 2019

The Taiwan Intellectual Property Office recently announced a new measure to manage design patent application priority claims. Now, the examination of a design patent application priority claim will align with that of an invention patent application – namely, the priority claim will not be substantively examined first. Thus, applicants can claim multiple priorities.