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Patent & design latest news
Read our latest news highlighting the most recent changes affecting patents and design applications and renewals
Turkmenistan will become the final Eurasian Patent Organization (EAPO) member state to join the Eurasian industrial design protection system, following the deposit of its instrument of accession to the Protocol on the Protection of Industrial Designs to the Eurasian Patent Convention. The Protocol will enter into force in Turkmenistan on 4 January 2025.
The Eurasian design system, which has been operational since 1 June 2021, allows applicants to obtain simultaneous protection in the EAPO member states of Armenia, Azerbaijan, Belarus, Kazakhstan, Kyrgyzstan, Russia, Tajikistan and, with effect from 4 January 2025, Turkmenistan. Applicants can file a single Eurasian design application, covering up to 100 industrial designs in the same class under the International Classification for Industrial Designs, in order to secure protection across all member states.
As previously reported, Myanmar’s long-awaited Patent Law 2019 came into effect earlier this year. Finally, on 31 October 2024, Myanmar's Intellectual Property Department (IPD) officially begun to accept new patent and utility model applications. This important development finally enables patent applicants to benefit from a substantive patent protection system in Myanmar, with the implementation of the new law replacing the primitive and unsatisfactory “cautionary notice” system for the first time.
Numerous of the USPTO’s fees for patent matters are set to increase on 19 January 2025, including the fees for filing a patent application, Requests for Continued Examination, appeals and the issuance of patents. It is therefore worth considering filing any items with fee increases prior to 19 January 2025 so as to benefit from the current lower fees.
On 1 October 2024, Ethiopia’s Council of Ministers approved the country’s accession to the Paris Convention for the Protection of Industrial Property and the Madrid Protocol for the International Registration of Marks. Ethiopia’s accession to these IP treaties and to trade agreements such as the World Trade Organization (WTO)’s Agreement on Trade-related Aspects of Intellectual Property Rights (TRIPS), along with the necessary modernisation of Ethiopia’s IP laws, will serve to bring Ethiopia onto the global stage for IP and help to stimulate trade and investment in the country.
We have just received information from the Head of the Patent Department at OAPI that Annexes I and II (which relate to patents and utility models, respectively) of the revised Bangui Accord will be brought into force on 1 January 2025. We expect OAPI to issue some further information and guidelines as to the implementation of the new law in the near future.
The Lebanese Intellectual Property Office (IPO) is currently facing significant operational difficulties due to the ongoing economic and political instability in the country. The challenging environment has led to staff shortages, as many employees are unable to attend work. In addition, technical issues with the online portal have further complicated the IPO’s ability to process applications efficiently.
On 15 September 2025, the Qatari Patent Office has reinstated the requirement to pay annuities on pending applications. As a result, applicants are required to ensure that all outstanding annuity fees are paid on each anniversary of the effective filing date of their patent applications (which, for PCT national phase applications, is deemed to be the international filing date), from the 2nd annuity onwards, regardless of whether a grant decision has been issued.
Uruguay will deposit its instrument of accession to the Patent Cooperation Treaty on 7 October 2024, and the agreement will enter into force 3 months later, on 7 January 2025. This accession to the PCT represents a culmination of the country’s efforts to support locally generated inventions, foster investment, create new business opportunities, and elevate Uruguay’s position in the international patent arena.
We remind all applicants and owners of Cayman Islands patent, trade mark and design registrations, and all owners of trade marks in the Turks & Caicos Islands, that the next annual maintenance fees (AMFs) for such cases are due for payment on 1 January 2025. If these annual fees are not paid by 31 March 2025, penalty fees will accrue.
IP Australia has just announced some changes to the official fees for patents, trade marks, designs and plant breeder’s rights, which will come into effect on 1 October 2024. Inter alia, the filing fees for patents and plant breeder’s rights will increase, trade mark filing fees will remain unchanged, and designs filing fees will decrease.
A resolution was published in Argentina on 26 August 2024 which requires that, within 60 calendar days from notification in the Patent Bulletin, applicants with pending patent applications in Argentina must make an express statement as to whether or not the priority claimed has been granted in the country of origin.
The Legislative Assembly of El Salvador has recently approved a new Intellectual Property Law, which will replace, update and combine into a single body the current "Law of Trademarks and Other Distinctive Signs" and the 1993 "Law of Intellectual Property". It will also create the Salvadoran Institute of Intellectual Property (IPSI) which will be in charge of managing procedures and mediating conflicts arising from IP rights.
A new Law on the Protection of Intellectual Property was published in Rwanda on 31 July 2024 and came into force on the same day. The Law paves the way for a more streamlined approach for the filing of patent and trade mark applications, as well as clarifying aspects of their prosecution and registrability.
It has recently been announced that Myanmar’s long-awaited Patent Law 2019 finally came into effect on 31 May 2024. Whilst the Patent Registry has yet to announce an official date for accepting patent applications, or the documentary and formality requirements that will apply, applicants who are interested in seeking patent protection in Myanmar should consider evaluating their inventions and be ready to submit their applications as soon as the Patent Registry begins to accept them.
An official circular was issued by the Qatari Intellectual Property Department on 25 June 2024, outlining changes to the requirements for Powers of Attorney (POA) for IP matters
The Qatari authorities have recently updated their policy on the requirement to pay annuities in respect of patent applications. The newly issued policy dictates that the 4th and subsequent patent annuities cannot be paid until the grant decision is issued, with no option to do so before that time. Accumulated back annuities are payable along with the grant fee, and then subsequent annuities are payable annually on each anniversary of the filing date.
The Ministry of Industry and Commerce (MOIC) of Bahrain and the China National Intellectual Property Administration (CNIPA) have launched a Patent Prosecution Highway (PPH) pilot program, with effect from 1 May 2024 and for a trial period of 5 years. As with other PPH agreements, applicants who receive a positive ruling on patent claims from either the MOIC or CNIPA to expedite the examination of corresponding claims in the other office.
ARIPO and the China National Intellectual Property Administration (CNIPA) have recently implemented a bilateral Patent Prosecution Highway (PPH) pilot program which is being trialled for 5 years from 08 June 2024. The Program allows an application whose claims have already been determined to be patentable by CNIPA to undergo an accelerated examination at ARIPO upon request by an applicant, and vice versa.
Laos has recently joined Morocco, the Republic of Moldova, Tunisia, Cambodia and Georgia as a “validation state” of the European Patent Office. This development will provide EP patent right holders with a streamlined market access into Laos and will also allow companies, research institutes and inventors in Laos to access the benefits of the European patent system.
All new UK applications for patents, trade marks or designs must appoint an address for service in the UK, Gibraltar or the Channel Islands. Since 01 January 2024, all comparable trade marks and re-registered designs derived from EU rights post-Brexit must have a UK address for service to respond to challenges filed by third parties.
The Intellectual Property Office based in Sana’a, Yemen has announced that trade mark rights owned by US and British companies are now invalid, and that they will no longer accept new applications. Furthermore, ongoing civil unrest has led to a de facto two-state country. To obtain trade mark, design and patent protection across the whole country, it is necessary to file applications in both Sana’a and Adan Registries.
Georgia has recently joined Morocco, the Republic of Moldova, Tunisia, and Cambodia as a “validation state” of the European Patent Office. Validating a European patent in Georgia provides patentees with a potentially attractive prospect due to the country’s strategic geographical location at the crossroads of Europe and Asia.
On 15 January 2024, some new official fees will come into force in the UAE. Inter alia, the official fees for patent annuities (which were abolished some time ago) will be reinstated, and various new fees for the examination of patent applications will be introduced.
The Kingdom of Saudi Arabia Council of Ministers has approved an amended Patent and Industrial Design Law, which entered into force on 03 October 2023. Our article addresses a number of the key points of this new law, for your convenience.
Following the approval of Jamaica’s Patents & Designs Act 2020, and becoming the 154th PCT member state, we take a look at the state of PCT national phase prosecution in Jamaica three years on.
The Industrial Design Law and Copyright Law, which were both enacted in 2019, finally came into force on 31 October 2023. This development follows the coming into effect of a new Trade Mark Law earlier this year and the Grand Opening of the Intellectual Property Office on 26 April 2023.
Tim Noel and Richard Stilwell represented Lysaght at INTA 2023 in Singapore. This gave the pair the opportunity to meet current and new clients and agents within the impressive surroundings of the city. It was a welcome return to face-to-face meetings as well as networking events throughout the busy week.
Richard Stilwell will be representing Lysaght at FICPI’s 21st Open Forum, being held in London this October. This conference is a great opportunity to take part in high-quality working sessions, as well as meet up with like-minded individuals in private practice, across all forms of IP.
Bangladesh was granted leave to delay examining applications relating to pharmaceutical and agricultural chemical products until 2033. To date, such patent applications have therefore been filed as "black box" or "mailbox" applications and then held in abeyance pending the commencement of this examination.
Montenegro will soon become the 39th member state of the European Patent Organisation, by virtue of its accession to the European Patent Convention (EPC). Its accession will take effect on 1st October 2022, and from that date, Montengro will be a full Member State of the EPC and not merely an Extension State.
trade mark latest news
Read our latest news highlighting the most recent changes affecting trade mark applications and renewals
We are pleased to report that the Bermuda Registry General has now issued an Industry Notice confirming that the new Trade Mark Act has been approved by the Bermudan Parliament.
In Iraq and the Kurdistan region, effective trade mark registration is increasingly critical as the economy grows and foreign investment rises. An important development in this field will be the adoption of the 11th edition of the Nice Classification in both regions from January 2025.
On 11 November 2024, the Ministry of Economy and Industry and Investment Trade in Sana'a issued Ministerial Decision No. 56 of 2024 which relaxes some of the restrictions previously imposed on Swedish and American trade mark applicants and owners. This Decision now permits the renewal of trade mark registrations owned by entities in the US and Sweden. Whilst it is not clear whether the restrictions have also been removed for UK-based right holders, we believe that the removal of the ban also applies here.
On 1 October 2024, Ethiopia’s Council of Ministers approved the country’s accession to the Paris Convention for the Protection of Industrial Property and the Madrid Protocol for the International Registration of Marks. Ethiopia’s accession to these IP treaties and to trade agreements such as the World Trade Organization (WTO)’s Agreement on Trade-related Aspects of Intellectual Property Rights (TRIPS), along with the necessary modernisation of Ethiopia’s IP laws, will serve to bring Ethiopia onto the global stage for IP and help to stimulate trade and investment in the country.
The Lebanese Intellectual Property Office (IPO) is currently facing significant operational difficulties due to the ongoing economic and political instability in the country. The challenging environment has led to staff shortages, as many employees are unable to attend work. In addition, technical issues with the online portal have further complicated the IPO’s ability to process applications efficiently.
We remind all applicants and owners of Cayman Islands patent, trade mark and design registrations, and all owners of trade marks in the Turks & Caicos Islands, that the next annual maintenance fees (AMFs) for such cases are due for payment on 1 January 2025. If these annual fees are not paid by 31 March 2025, penalty fees will accrue.
IP Australia has just announced some changes to the official fees for patents, trade marks, designs and plant breeder’s rights, which will come into effect on 1 October 2024. Inter alia, the filing fees for patents and plant breeder’s rights will increase, trade mark filing fees will remain unchanged, and designs filing fees will decrease.
The Intellectual Property Office of the Philippines (IPOPHL) has issued a memorandum which requires that the fees for the issuance and publication of a trade mark renewal must now be remitted along with the payment of the renewal fee instead of upon receipt of a Notice of Issuance. This new practice took effect on 25 July 2024 and it should serve to expedite the renewal process.
The Legislative Assembly of El Salvador has recently approved a new Intellectual Property Law, which will replace, update and combine into a single body the current "Law of Trademarks and Other Distinctive Signs" and the 1993 "Law of Intellectual Property". It will also create the Salvadoran Institute of Intellectual Property (IPSI) which will be in charge of managing procedures and mediating conflicts arising from IP rights.
The Libyan Trade Mark Office has announced that it will resume accepting new trade mark applications, as of 2nd September 2024.
In addition, some new requirements for trade mark applications were introduced in Libya with effect from 1 May 2024.
A new Law on the Protection of Intellectual Property was published in Rwanda on 31 July 2024 and came into force on the same day. The Law paves the way for a more streamlined approach for the filing of patent and trade mark applications, as well as clarifying aspects of their prosecution and registrability.
An official circular was issued by the Qatari Intellectual Property Department on 25 June 2024, outlining changes to the requirements for Powers of Attorney (POA) for IP matters
Qatar becomes the 131st member of the Madrid Protocol, enabling international trade marks to designate this Gulf state from 3rd August 2024.
All new UK applications for patents, trade marks or designs must appoint an address for service in the UK, Gibraltar or the Channel Islands. Since 01 January 2024, all comparable trade marks and re-registered designs derived from EU rights post-Brexit must have a UK address for service to respond to challenges filed by third parties.
The Intellectual Property Office based in Sana’a, Yemen has announced that trade mark rights owned by US and British companies are now invalid, and that they will no longer accept new applications. Furthermore, ongoing civil unrest has led to a de facto two-state country. To obtain trade mark, design and patent protection across the whole country, it is necessary to file applications in both Sana’a and Adan Registries.
Some new trade mark regulations came into force in Uganda on 2 February 2024 which, inter alia, have introduced the requirement that trade marks and notices be published in the Uganda Gazette, as was the case pre-2021.
The Government of Jersey has clarified its position on whether EU trade marks automatically extend to Jersey under current legislation, confirming that no such coverage has existed since April 2009. Trade mark owners wishing to obtain protection in Jersey should re-register UK national trade marks, or rely on the automatic coverage granted to IR(UK) designations.
We summarise here some recent amendments to the Trade Mark Regulations in Lebanon, which have brought about changes to the term of protection and some of the official fees associated with trade marks.
The Trade Marks Act 2023 and Trade Marks and Service Marks Regulations Amendment and Validation Act 2023 received formal approval in Bermuda on 13 October 2023.
Our Senior Trade Mark attorney, Martin Chinnery, will shortly be retiring. Whilst this is sad news for all of us here at Lysaght, it marks the start of an exciting new chapter for Martin.
Find out more about the conferences we are attending this year.
We are pleased to announce the Trademarks Office in Sudan has resumed operations after a 10-month hiatus. Read here for more information.
At long last, the implementing regulations for the 2010 Trade Mark Act have been brought into force in Libya. These provide some much needed clarity to the practical considerations of trade mark applications, as well as bringing an increase in the official fees
Jersey is proposing a shift from a secondary trade mark framework dependent on the UK, by implementing an independent registration system and accession to the Madrid Protocol. A recent consultation invited stakeholders for comment on the proposed changes, to which we duly obliged. Read more in our article.
From 1 January 2024, it will be necessary to record an address for service in the UK, the Channel Islands or Gibraltar against comparable rights when they are subject to challenge by third parties.
Ahead of the commencement date of Fiji’s new IP laws, the IPO has recently enacted a change in practice regarding the filing of second applications, and acceded to the Paris Convention - our article has full details.
Tim Noel and Richard Stilwell represented Lysaght at INTA 2023 in Singapore. This gave the pair the opportunity to meet current and new clients and agents within the impressive surroundings of the city. It was a welcome return to face-to-face meetings as well as networking events throughout the busy week.
Richard Stilwell will be representing Lysaght at FICPI’s 21st Open Forum, being held in London this October. This conference is a great opportunity to take part in high-quality working sessions, as well as meet up with like-minded individuals in private practice, across all forms of IP.
We are six months on from the deadline for lodging Anti-Counterfeiting Recordals (“ACAs”) with the Kenyan IPO. Our articles takes a deep dive into what progress has been made, and what challenges have arisen in this process.
The Ministry responsible for IP in South Sudan has just announced that it is now allowing the reservation of trade marks in advance of the long-awaited enactment of the new law. Read our full article for further details.