AIPPI Newsletter - March 2026

March 2026

Every newsletter, we share an update regarding the great work of our AIPPI Committees.

Committee Chronicles

Is the IP System Truly Accessible? A Quiet Question We Rarely Ask

Mine Akarsu and reviewer, Saiful Khan, AIPPI Diversity and Inclusion Committee

Under the United Nations Convention on the Rights of Persons with Disabilities (CRPD), accessibility is defined as a precondition for persons with disabilities to live independently and participate fully in society (Article 9).

WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge. And the Patent Cooperation Treaty

Rafael Beltrán-Rivera, AIPPI Patent Cooperation Treaty (PCT) Committee

Biopiracy is defined by the Merrianam-Webster Ddictionary as: “the unethical or unlawful appropriation or commercial exploitation of biological materials (such as medicinal plant extracts) that are native to a particular country or territory without providing fair financial compensation to the people or government of that country or territory.”

TRIPS Case Law Digest: Project Overview and a Representative Sample

Duygu Aksit, AIPPI TRIPS Standing Committee

TRIPS Case Law Digest is a WTO project that was developed in cooperation with AIPPI, available at: https://tripscld.wto.org/.

Highlights

The 2026 AIPPI World Congress is Heading to Hamburg from 7-10 October and Sponsorship Opportunities are Going Fast!

Want to showcase your brand on a global stage? Check out the Sponsorship Brochure for Hamburg soon as items are selling fast... Don't miss out on this chance to elevate your brand's presence!

Secure your sponsorship

Come Visit Us at INTA – Booth 1010

AIPPI is excited to be part of the INTA Annual Meeting in London, England (2-6 May)! Come visit us at Booth 1010 to connect and learn more about what we have planned for the year.

Whether you're a long-time member or new to AIPPI, we’d love to meet you. Don’t miss this opportunity to stay updated and get involved. See you at INTA!

Spotlight on the Argentina Activity Report

Every newsletter, we are sharing the best 2025 Activity Reports received from National and Regional Groups. This month, we’re happy to highlight AIPPI Argentina!

Law & Case Notes

China

The Legal and Practical Landscape of "Strawman" Petitioners in Chinese Patent Invalidation Proceedings

Shangjie Feng, SUZHOU CreatorIP, China

This provision underscores the public-supervisory nature of patent invalidation proceedings. Standing to file an invalidation request does not require a direct legal interest in the patent.

China

Comparison between the Madrid system and direct filing of trademark applications in China

Wei Chen, Junsee Intellectual Property Firm, China

From 2023 to 2025, the average number of monthly trademark registrations in China originating from foreign applicants exceeded 10,000. Nevertheless, it’s still less than 4% of the total number of trademark registrations during the same period.

Dominican Republic

Presentation of the National Intellectual Property Strategy – ENPI 2030 in the Dominican Republic

Carmen Prieto Villegas, OrangeIP, Dominican Republic

The Dominican Republic has taken a strategic step toward consolidating its knowledge-based economy with the official launch of the National Intellectual Property Strategy (ENPI) 2030.

India and Mexico

USPTO Issues New Inventorship Guidance for AI-Assisted Inventions (November 2025): What It Means for Innovators & Patent Practitioners

Vidisha Garg, Anand and Anand, India and Héctor E. Chagoya Cortés, Mextrategy, Mexico

The USPTO’s new 2025 inventorship guidance (Fed. Reg. notice 2025-21457) resets the treatment of AI-assisted inventions by rescinding the 2024 AI inventorship guidance and re-anchoring inventorship solely in traditional human conception.

Iran

Counterfeiting, Unfair Competition, and Their Convergence Under Iranian Law

Fatemeh Pourazizi, and Navid Ghodsi, Nami Associates Law Firm, Iran

The production and distribution of counterfeit goods and pirated works are not merely commercial disputes; they are criminal behaviours with wide-ranging consequences.

Italy

The Rubik’s Cube as a Work Protected by Copyright?

Avv. Cecilia Trevisi, Sofiæ – Solidoro Finulli & Partners, Italy

Copyright can offer a useful compromise for trying to overcome the time limits inherent in the finite duration of patent protection and utility models, where it is not possible to obtain the protection afforded by trademarks.

Japan

New Court Frameworks for SEP Disputes in Japan

Masaya Tsuno, TMI Associates, Japan

In January 2026, the Intellectual Property Divisions of the Tokyo District Court (Civil Divisions 29, 40, 46, and 47) published two procedural documents concerning disputes involving standard essential patents (SEPs):

Kazakhstan

Kazakhstan Adopts its First AI Law

Dimitar Batakliev, CWB, Kazakhstan

On 29 October 2025, Kazakhstan’s Parliament adopted the country’s first Artificial Intelligence (AI) Law, which comes into effect on 18 January 2026.

Kazakhstan

Kazakhstan Updates Official IP Fees

Aura Campeanu, CWB, Kazakhstan

Effective 1 January 2026, Kazakhstan’s National Institute of Intellectual Property (Qazpatent) implemented moderate fee increases across IP services and added new official fees for certain trade mark-related procedures.

Kosovo

The Establishment of the Administrative Court in Kosovo: Implications for IP Right Holders

Kujtesa Nezaj-Shehu and Morea Pula, IPLegals, Kosovo

On 6 February 2026, the Law No. 08/L-291 on the Administrative Court (hereinafter: “the Law”) enters into force in Kosovo, marking an important development in the country’s judicial framework and administrative justice system.

Russian Federation

New Consumer-Facing Language Rules (1 March 2026) and the Role of Trade Marks

Ramzan Khusainov, Khusainov Khomyakov & Partners, Russian Federation

From 1 March 2026, Russia introduced a clearer statutory regime for foreign-language wording used “in front of consumers” outside advertising.

Serbia

New Seed Law Enters into Force

Aura Campeanu, CWB, Serbia

Serbia’s new Law on Seed and Propagating Material of Agricultural and Ornamental Plants, in force since 31 October 2025, harmonizes local regulations with EU standards to ensure higher quality and safer seeds.

South Africa

Upcoming Patents Bill and Design Amendment Bill to Bring Significant Changes

Keenan-Jay Barnard, CWB, South Africa

On 23 September 2025, in Pretoria, the Department of Trade and Industry (DTI) together with the Companies and Intellectual Property Commission (CIPC) organised a stakeholder workshop to provide an overview of significant forthcoming reforms to South Africa’s patent and design law frameworks, aimed at modernising the system, aligning with international standards, and improving accessibility.

UK

The UK Supreme Court's Ddecision in Dairy UK Ltd v Oatly AB: Oatly’s Trade Mark Falls Foul Of Dairy Designation Rules Rules

Jennifer Bryant, Fieldfisher LLP, UK

On 11 February 2026, the UK Supreme Court handed down its judgment in the case Dairy UK Ltd v Oatly AB [2026] UKSC 4, confirming that Oatly's trade mark for POST MILK GENERATION was invalid for oat-based food and drink products.

US

Federal Circuit Misses the Mark on Design Patent Non Infringement Non-Infringement

Dunstan H. Barnes and Catalina “Caty” M. Medrano, McDonnell Boehnen Hulbert & Berghoff LLP, US

On 2 February 2026, a divided Court of Appeals for the Federal Circuit affirmed a district court’s grant of summary judgment of non-infringement.

NRGs News

Guatemala

Trilateral IP Cup

Estuardo Jáuregui, Jáuregui & Asociados, Guatemala

On 5th and 6th March, the AIPPI Trilateral Meeting between the United States, Canada, and Mexico took place in Mexico City, The Trilateral IP Cup.

Japan

The Japanese group's e-journal "A.I.P.P.I." latest issue (Vol. 51, No. 1) is now available to all AIPPI members

Masatoshi Abe, AIPPI Japan, Japan

The AIPPI Japanese Group is pleased to inform you that the latest issue (Vol. 51, No. 1) of the Japanese Group's e-journal "A.I.P.P.I." is now available to all AIPPI members.

Upcoming Events

AIPPI

Intersection of IP and Traditional Knowledge – how TCEs and Cultural Heritage are protected – Indian, Romanian and Mexican perspective webinar on 26 March 2026

Traditional knowledge is something that we all have, and we all agree that it should be protected. But how to protect something that is so vague and hard to capture?

AIPPI

Last chance - AIPPI Reach Out Series. Phuket, Thailand on 27 March 202

AIPPI Reach Out Series is coming to Phuket, Thailand on 27 March 2026 at the Beyond Kata & Pamookkoo Resort. All AIPPI Members are invited and can bring a colleague from their firm.

AIPPI Paraguay

Impact of the MERCOSUR–EU Agreement on Intellectual Property (Regional Roundtable with the MERCOSUR National Groups of AIPPI) on 30 May 2026

The Paraguayan Group of AIPPI is pleased to announce the organization of a roundtable discussion addressing the intellectual property implications of the MERCOSUR–European Union Agreement.

AIPPI Frence

AIPPI Trilaterlal seminar of French, German and Polish groups on 11 June - 12 June 2026

AIPPI France is proud to host this year in Paris the AIPPI Trilateral Seminar of AIPPI France, AIPPI Germany and AIPPI Polska.

AIPPI Central America and the Caribbea

AIPPI Regional Group from Central America and the Caribbean – IV Congress on 2 July - 3 July 2026

We are pleased to invite you to the IV Congress of the AIPPI Regional Group from Central America and the Caribbean, which will take place for the first time in the vibrant city of Santo Domingo.