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Inventa IP Review 2020 Inventa IP Review 2020 Trademark • Patent • Copyright • IP Related 62 & Co-published articles • World Trademark Review • The Trademark Lawyer Magazine & Patent Lawyer Magazine articles • Intellectual Property Magazine • China IP Magazine 中国知识产权杂志 “Inventa IP Review” is an annual compilation with the main Intellectual Property (IP) topics that occurred in the previous year. In this first edition, we cover 2020, an unusual year in which the COVID-19 pandemic created an unprecedented disruption in global development. But in some way, this year also allows us to be more resilient. The path of Intellectual Property was no different. In less than a year, the world was able to create a vaccine to control the Covid-19 pandemic, and with this discovery, new IP-related issues emerged, in particular IP rights. At the beginning of 2020, the green economy appears to be the best alternative to the current dominant economic model, indispensable to achieving sustainable development, especially in developing economies. And even if the planet has not reached its goal, it was not a forgotten subject by many. Regarding the African continent, we continue to see many misconceptions. It can be confusing to some businesses, especially for companies and IP owners that are mainly used to protecting and enforcing their intellectual assets in other regions of the world. But lack of information and knowledge can easily lead to false understandings. Inventa International presents a sum of all 2020 articles and relevant announcements, mainly in Africa, Europe and Asia. Inventa International Inventa International is an Intellectual Property firm, specializing in the protection and internationalization of trademarks, patents, industrial designs, copyright and domains, with a vast network of offices and local representatives. Protecting Intelligence ® TRADEMARK 4 Trademark registration in Somalia and Somaliland 31 Ethiopia’s online trademark system brought to a – what you need to know halt by internet shutdown 6 Global data analysis reveals Angola’s varying 32 Registering defensive trademarks in Mozambique trademark landscape 33 The absence of service marks protection: a 7 Presidential election in Tanzania could shake the roadbump in the history of Zambian IP law trademark landscape 35 Pending trademark regulations in Nigeria 9 How to submit a trademark customs recordal in Egypt 36 Why the green economy is important to Ghana – and how certification marks contribute to it 11 The elimination of the “graphical representation” requirement and its effect on non-traditional EU 38 Mozambique joins the Banjul Protocol on trademarks trademarks 13 What do I want to drink today? Data search reveals 39 A new era for trademarks in Angola? African filing trends 41 WIPO data reveals rise in international trademark 15 Ranking (trademark) innovation in Africa applications originating from Africa 16 Essential steps for Chinese companies filing 42 Amendments to the trademark registration trademark applications in Africa procedure in Angola 18 Proof of use in Algeria 43 The growth of trademarks in Angola 19 Is Western Sahara a no-go for trademark 44 ICLG Chapters: Portugal and Angola protection? 45 Somalia Trademarks Office resumes operations 22 EUIPO launch of AfrIPI aims to shake up trademark after almost 30 years registration in Africa 46 How religion influences trademark applications in 24 Understanding the nuances of trademark use in Libya various ARIPO jurisdictions 48 Life of a trademark at the African Regional 26 How to best manage trademark applications in Intellectual Property Organisation Africa 49 Registration challenges for pharmaceutical 28 Protection and use of Certification Trademarks in trademarks in Angola Africa 50 How to stay on top of trademark oppositions in 30 Confusion remains over the not-so-young Lesotho Trademarks Act of Sierra Leone Protecting Intelligence ® PATENT IP RELATED 52 Patent Applications in the European Continent 75 Let’s Talk about Brexit having Origin in China 76 A fond farewell to Fernando dos Santos – Bemanya 54 How can Utility Models provide protection to Twebaze elected new director general of ARIPO subjects with smaller levels of “inventiveness”? 77 Amendments to OAPI system will shake up the 56 Patent Applications in the African Continent entire registration process having Origin in China 78 A guide to OAPI: what you need to know 57 Looking at EU priority in ARIPO patent applications 79 Counterfeiting of Drugs in Africa: current situation, 59 European Patent Applications filed by Applicants causes and countermeasures from Africa 81 Covid-19 prompts applicant-friendly requirements 60 Green Patents and Remote work? What are the in Cape Verde odds? 83 Is covid-19 a force majeure for trademark use in Angola? 62 China takes over world leadership in international patent applications 84 African database searches uncover small rise in corona or covid-related marks 64 Which countries do not belong to the International Patent System? 85 Pause for thought - Misconceptions of IP in Africa 65 Patent Applications as an Indicator of Research 89 The importance of brand protection in Kenya and Development Against Coronaviruses 91 Sao Tome and Príncipe – tips to manage 68 Patents related to Artificial Intelligence in the trademark portfolios during covid-19 European Patents Office 92 The impact of covid-19 on IP rights prosecution in Cape Verde 93 Intellectual Property, Covid-19 and African Countries: better forge your own path? COPYRIGHT 95 Mauritius: an African success story 70 The protection of copyrights through Algorithms 97 Amendments to Zanzibar’s IP practices 72 The implementation of the Beijing Audiovisual 98 Cape Verde makes its first steps to protect Performances Treaty in Nigeria Appellations of Origin and Geographical Indications 99 Increase in IP fees could shake up filing in Ghana and Tunisia 100 Counterfeit goods: a critical situation in Mozambique 101 The law on distinctive signs in Mozambique explained Subscribe here for other news and collaborations about IP 103 Announcements: 5 minutes reading about Protecting Intelligence ® TRADEMARK Trademark registration in Somalia and Somaliland What you need to know InêsVA Sequeira Africa Somalia & Somaliland The Somalia Trademarks Office resumed - the name and address of the owner; operations at the end of 2019, when the - a copy of a signed power of attorney form ; Ministry of Commerce and Industry issued - a copy of the applicant’s business Ministerial Decree 1/2019, stipulating that registration certificate; trademark registrations are once again - a copy of the trademark registration permitted. The decree is based on Somali certificate in the applicant's country of Trademark Law 3 (1955), as amended by origin; and Law 33 (1975) and Law 3 (1987). - a company profile (ie, summary of the company's business activities and countries Only single-class applications are being in which it operates). accepted by the office. Further, a trademark is valid for 10 years from the Cautionary notices in Somalia filing date of the application and may be renewed indefinitely every 10 years. Trademark owners can rely on the cautionary system to protect their marks. In In order to register a trademark, the order to ensure that a cautionary Office will carry out a search to ascertain notice reaches a wide audience, it will be whether the mark already exists. Once the published in the local language (Somali) in application fees have been paid, the the print newspaper Mogadishu Times – application is then filed. The application published daily – and in English in the should contain the proposed mark, the online newspaper hadhwanaag.ca – class of goods or services, and the available on the website within two applicant’s name, address and signature. working days. If the applicant is a foreign company, a power of attorney is required. The Republication of the cautionary notice is application is then examined to recommended every two to three years. determine its inherent registrability and any conflict with prior existing Cautionary notices in Somaliland registrations or applications. If accepted, the application will be advertised in the Although Article 16(2) of the Somaliland local gazette or on the IP website for 35 Constitution states that “the law shall days. If there is no opposition after 45 determine the rights to authoring, days, the registrar, on payment of the creating and inventing”, no trademark prescribed fee, will enter the trademark in registration laws, systems or offices have the register and issue a certificate of been implemented yet. As such, is registration. advisable to publish cautionary notices as a means of enforcing trademark rights. The The requirements for registration include recommended procedure for providing: publishing is as follows: - a representation of the mark - Publish a cautionary notice in a print - a specification of the goods; newspaper – this will be released in the Protecting Intelligence ® TRADEMARK weekly English newspaper the Horn Tribune. - Publish a cautionary notice, in English, in the online newspaper the Somalilandsun – this will be available on the Somalia Trademark Office website within two working days. - Publish a cautionary notice in Somali – this will appear in the Horn Tribune, which is published every Monday, Wed-nesday, Thursday and Saturday. Once published, the online version will also be published online in the Somalilandsun. Requirements for publishing include pro- viding: - a clear copy of the mark; - a list of the relevant goods and/or servi- ces to which the mark is applied
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