April 13, 2023

Global advancements and legislative changes in relation to intellectual property worldwide


A series of procedural amendments to the trademark rules and regulations of the Philippines were introduced as of February 14, 2023, promulgated by the Intellectual Property Office of the Philippines (IPOPHL). The newly implemented regulations revise the previous trademark law of 2017.

Among the most poignant changes, the new rules now allow for the trademark protection of nontraditional types of marks, including color, motion, position and holographic marks. Applications for such trademarks must be inclusive of a reproduction of the mark providing a clear and accurate description of the claimed and unclaimed elements, and each mark type requires certain application materials regulated by the amended law.

Color marks, for example, require the submission of a reproduction of the sample color alongside a description of the shade of color claimed, whilst motion marks require a clear description detailing the movement of the mark in sequential order.

The introduction of non-traditional marks also allows for the protection of three-dimensional (3D) marks. As such, applicants are permitted to file up to six, suitably labeled, perspective views of the subject matter of an application to represent the mark sufficiently in an application. Applications concerning 3D marks must provide representations of the mark via both solid and broken lines to indicate the claimed and unclaimed parts respectively.

The amended law also now obliges applicants to pay the fee for trademark publication simultaneously alongside the basic trademark filing fee. Previously, applicants were only required to submit payment of the publication fee after a Notice of Allowance was issued for pending trademark applications. The new rules provide a definition for certification marks, which comprises a sign "to certify regional or other geographic origin, material, mode of manufacture, quality, accuracy, or other characteristics of someone’s goods or services, or that the work or labor on goods or services was performed by members of a group or associations”.

Further amendments have been made to the trademark system following the introduction of the new legislation, including the clarification of rules surrounding a Power of Attorney. As such, if a POA is not filed within 2 months following the mailing of an Office Action notifying that the submission of the same is required, the application may be abandoned.

Moreover, the Office now requires that all communication is conducted via the online system.

The new legislation provides for a fresh take on intellectual property protection in the Philippines, signifying a modernisation of the trademark system in alignment with international systems worldwide.


As of March 1, 2023, amendments to the Trade Marks Act and Payment Regulations entered into force in Norway.

In accordance with the new law, the fees regarding the filing of a trademark application, as well as the trademark renewal fee, will only cover one class of goods/services, with any additional classes thereafter requiring payment of an additional fee. Prior to the Implementation on March 1, the fees regarding a trademark application, as well as the renewal fees for trademarks and collective marks, covered three classes of goods or services with additional fees required for any classes thereafter.

Moreover, it is henceforth now easier for applicants to obtain trademark protection for non-traditional marks owing to the elimination of the requirement of graphical representation in an application. As such, applicants may now utilize multimedia mediums to represent their mark, for example through sound, visuals, or audiovisual means. The amendment will therefore allow for smoother registration of sound, movement, multimedia and holographic marks, to name a few.

Further, trademarks filed in black and white or shades of gray as of March 1, 2023 will now only receive protection as applied for and represented in the application, with protection not extending to other colors.

The new rules have also changed the renewal request period. Previously, a request for renewal could be submitted no earlier than one year before and no later than six months after the registration period. As of March 1, however, renewal must be requested no earlier than six months before the expiration of the registration, applicable to trademark registrations that expire from March 2, 2024 onwards. Further, whilst the office previously sent out renewal notices two months prior to the expiry of a trademark registration, such notifications are now sent out six months prior to the expiration.


February 17, 2023 saw Germany complete the ratification process in relation to the Unitary Patent Court (UPC) system, depositing their instrument of ratification.

Germany marks the third and final key state required for the genesis of the UPC, with the ratification of the country now meaning that all conditions for the launch of the UPC system are satisfied.

The commencement of the UPC system has thus been confirmed for June 1, 2023, with the initial sunrise period having been enforced and continuing on from March 1, 2023.


The country of Tajikistan recently implemented a new intellectual property fee schedule with regard to patents, trademarks, and designs. The cost amendments impact a majority of fees across the board, and reflect an inflation of approximately 3% throughout.

As per the alterations, the fee for the filing of a patent application has increased from 373.41 TJS to 384.39 TJS constituting an approx. 3% rise respectively.

The renewal fees have all inflated by a similar percentage increase, with the fee in relation to the 1st and 2nd years having risen from 482.05 TJS to 496.22 TJS, the 9th and 10th years from 1032.96 TJS to 1063.33 TJS and the 19th and 20th years from 3733.97 TJS to 3843.74 TJS.

The costs in relation to industrial designs have also increased by approx. 3% throughout, with the filing fee for a design application containing up to three variants rising from 321.62 TJS to 331.08, and for a design application containing more than 3 from 112.58 TJS to 115.89 TJS.

The design maintenance fees in relation to each year have also increased throughout, with the 3rd and 4th years of validity inflating from 482.45 TJS to 496.63 TJS, and the 15th from 1586.91 TJS to 1633.56 TJS, for example.

Trademark fees have seen a similar inflation rate, with the fee for an application covering one class having risen to 336.34 TJS from 326.73 TJS, and the fee for each additional class increasing from 160.84 TJS from 165.57 TJS.


The Institute of Industrial Property of Argentina (INPI) has also introduced increases throughout the official fees for intellectual property matters, with the latest amendments representing the first since 2019.

A total elevation of 220% applicable to all fees was implemented in increments, with an initial increase of 110% being implemented on January 1, 2023, and a second rise of 110% implemented on March 1, 2023. Both increases of 110% were based upon the fee schedule which was applicable up to December 31, 2022.

Furthermore, as of January 1, 2023, the fee in relation to an application for registration of a new trademark in Argentina will cover up to twenty products or services of the chosen class. An additional fee of 25 ARS is now required for each good and/or service contained in an application in excess of twenty.


February 13, 2023 saw Brazil deposit its instrument of accession to the Geneva Act of the Hague Agreement for the international protection of Industrial Designs with the World Intellectual Property Organization (WIPO).

The Hague Agreement will enter into effect with respect to Brazilian IP matters as of August 1, 2023, when the INPI will commence receiving industrial design applications via the Hague System.

The Hague System itself allows for applicants to file a single industrial design application covering any, or all, Hague member states, eliminating the need to file individual design applications in each state separately.

The accession of Brazil now brings the total number of member states to the Hague Union to 79, comprising 96 countries, and will benefit both prospective Brazilian design applicants as well as those who wish to seek design protection in the country.


The National Institute of Industrial Property of Chile has also implemented extensions of time in relation to deadlines concerning IP matters in the country.

Such IP matter time-extensions are applicable to applicants and/or representatives who reside in the areas affected by the forest fires and were declared under a State of Constitutional Exception of Catastrophe, and will continue until the catastrophe is declared as ceased.

Author: Danielle Carvey