Posts in International

A defendant facing an action for infringement of an EU trademark may challenge the validity of that trademark by filing a counterclaim before the EU trademark court. But what happens if the defendant does not do so? Is the opportunity to challenge the trademark’s validity lost, or may the defendant later seek a declaration of invalidity from the European Union Intellectual Property Office (EUIPO)?

One possible framework for protecting trade secrets while regulating AI is an International AI Assurance and Access Compact, organized around “verifiable reciprocity.” Participating jurisdictions would recognize defined compliance findings in exchange for comparable verification obligations, alongside commitments to fund regulatory capacity. This is a proposed arrangement, not existing law. Its consequences for intellectual property (IP) turn on what evidence travels across borders and what rights remain unaffected.

Biological drugs, or biologics, are now a well-established class of therapeutic products worldwide. Unlike conventional small-molecule drugs, which are generally obtained through chemical synthesis and have relatively simple and well-defined structures, biologics are derived from living organisms or produced through biotechnology processes involving living cells. They include, among others, monoclonal antibodies, recombinant proteins, vaccines, hormones, blood-derived products and advanced cell-based therapies.

African tech funding just had its strongest year since the 2022 peak…. That discipline shows up nowhere more clearly than in due diligence, and increasingly, that due diligence includes a hard look at intellectual property. For African founders raising from U.S. investors, and for U.S. funds evaluating African deals, understanding what actually gets scrutinized is no longer optional. It can determine whether a term sheet survives diligence intact, gets repriced, or falls apart entirely.

A songwriter told the U.S. Supreme Court this week to reject an attempt by the four largest music companies in the world to reverse a Fifth Circuit ruling granting him all rights to the 1966 Swingin’ Medallions single, “Double Shot (Of My Baby’s Love).” The U.S. Court of Appeals for the Fifth Circuit issued an opinion in January 2026 in Vetter v. Resnick, affirming the Middle District of Louisiana’s grant of summary judgment declaring that Cyril Vetter, co-author of “Double Shot,” and Vetter’s affiliated companies are the sole owners of the copyright to the song throughout the world.

Yesterday, the World Intellectual Property Organization (WIPO) released its 2026 Global Innovation Index (GII) identifying metropolitan clusters around the world seeing the highest levels of innovation activity as judged by publications and R&D investments. This year’s Index underscores the growing tech dominance of China, which accounted for one-quarter of the top 100 innovation clusters in this year’s survey of top tech and innovation hubs around the world.

Every year, U.S. companies expanding into Africa make the same planning mistake: they treat the continent as though it has one intellectual property system. It has two, and choosing the wrong one, or failing to choose at all, can leave a brand or invention unprotected across dozens of countries a company assumed it had already covered. Africa is the only continent with two regional IP registration systems operating side by side. Understanding the difference between them is not a technical footnote. It is one of the first strategic decisions a U.S. company should make before it files anything.

In a previous article, the authors showed that Chinese courts ask a different question than U.S. courts — not whether the inventor possessed what is recited in the claim, but whether the scope of the claim matches the Technical Solution that the invention actually contributed to the advance of the art. This difference in underlying premise leads to one conclusion: a U.S.-style specification needs to be adjusted when filed in China. Below, the authors propose several strategies, offered as their personal views.

Brazil is one of the world’s largest economies and one of the most important markets for companies seeking expansion in Latin America. However, many foreign applicants quickly discover that success before the Brazilian Patent and Trademark Office (the Instituto Nacional da Propriedade Industrial – INPI) requires more than simply filing an application. The Brazilian system combines procedural formalities, relatively long examination timelines, unique legal requirements, and several acceleration opportunities that are often overlooked by foreign applicants. Understanding these practical aspects can help businesses avoid unnecessary delays, reduce costs, and build stronger intellectual property portfolios.

In 2025, a patent dispute between Chinese companies in the camera-module space drew close attention across the industry — SUNNY v. AAC [Patent Reexamination and Invalidation Department Decision No. 566288, et al.]. The case ended with 11 patents invalidated, four of them in their entirety. There was a single reason: the claims were not supported by the specification.

U.S. companies planning to enter Nigeria typically build a careful playbook for market research, distribution, hiring, and regulatory compliance. Intellectual property is often the item furthest down that list, treated as paperwork to handle once commercial activity is already underway. That sequencing is backwards, and it is worth understanding why.

The U.S. Court of Appeals for the Fourth Circuit affirmed a preliminary injunction in a decision on August 13 barring Meritain Health, Inc., ProAct, Inc., Rx Valet, LLC, Advanced Pharmacy, LLC, Aqua Enterprise Inc., and Gregory Santulli from importing, advertising, or facilitating the importation of foreign-market Gilead Sciences, Inc. medications into the United States. Judge Agee wrote the opinion on appeal from the U.S. District Court for the District of Maryland, joined by Judge Harris and Senior Judge Keenan.

Red Tape Index (RTI), a project of the regulatory intelligence platform Labrynth, published a patent index today placing the United States Patent and Trademark Office (USPTO) below every peer office measured on the price, speed, and openness of the patent system. The Patent Friction Index assigned the United States a composite score of -42.62, a figure that stayed negative under every alternative scoring rule tested.

On Tuesday, IFI CLAIMS Patent Services released its annual report on artificial intelligence patenting, IFI Insights: Inventing AI. According to the report, worldwide AI patent grants reached 107,279 in 2025, marking the first time the total has surpassed 100,000 in a single year. The figure also represents an 83% increase over the past three years. Globally, AI patent applications reached 209,518 in 2025, of which 23% related to generative AI and 9% related to agentic AI, which is up from 5% in IFI’s previous study.