Emerging IP - February 2025

EMERGING IP

February 2025

Africa

ARIPO: Significant Increase in Patent and Design Fees as of 1 March 2025

On 31 January 2025, the African Regional Intellectual Property Organization (ARIPO) introduced the amended Harare Protocol and Regulations as well as new, increased official fees for certain patent and design services. Several new fee items have also been introduced. The new official fees will come into force on 1 March 2025, affecting all new and existing applications.

The Harare Protocol on Patents and Industrial Designs regulates the filing of patent, utility model and industrial design applications before ARIPO. The Protocol currently includes 20 contracting ARIPO states: Botswana, Cape Verde, Eswatini, the Gambia, Ghana, Kenya, Lesotho, Liberia, Malawi, Mozambique, Namibia, Rwanda, Sao Tome and Principe, Seychelles, Sierra Leone, Sudan, Tanzania, Uganda, Zambia, and Zimbabwe.

The current and future fees are outlined in the table below:

In order to avoid paying the increased fees, we strongly recommend filing new ARIPO applications before 1 March 2025.

If an applicant does not wish to reduce the claim set and if substantive examination must be requested, it is advisable to file the request and pay the fees for substantive examination and any excess claims fees before 1 March 2025.

We are in the process of reviewing the amended Protocol and Regulations and how these amendments will impact all applications going forward. More information will follow soon.

By: Janet Tomkow-Coetzer

Libya: Latest Updates on Trade Mark Renewal Fees and Requirements

Following the recent amendments to trade mark renewal fees and requirements under Decree 586, on 3 February 2025 the Libyan Ministry of Economy officials provided further updates regarding foreign trade mark owners operating in the country.

Revised Renewal Fees for Foreign Entities

For foreign trade mark owners, guidance has been given that the renewal fee has been set at USD 2,000 per year for a single trade mark in one class. Owners may either pay the full ten-year renewal fee of USD 20,000 upfront or opt for annual instalment payment. The first instalment is due at the time of renewal, with subsequent payments required on or before each annual renewal due date. A six-month grace period is available only for the first renewal.

As far as we are aware, the yearly payment option is not included in the amendment to the decree.

Publication and Certification of Renewals

Following the renewal, the Trade Mark Office will publish the renewal application electronically and issue a certificate ensuring that trade mark renewals are properly recorded and accessible to all interested parties.

Given the complexities introduced by these regulatory updates, we strongly advise trade mark owners with affected filings in Libya to consult with our renewals department for tailored guidance on their portfolios and compliance obligations.

By: Sara Omran

Eastern Europe

Bulgarian IPO Updates Trade Mark Examination Guidelines

The latest edition of the Methodological Guidelines for the Application of Articles 11 and 12 (absolute and relative grounds for refusal of trade mark registrations) of the Law on Trade Marks and Geographical Indications entered into force in Bulgaria on 4 February 2025.

The Guidelines provide general instructions for examining trade marks. They are designed to summarize the current administrative and judicial practices and are revised periodically to reflect the changes in trade mark law and practice.

The latest version of the Guidelines is the first based on the current Bulgarian Law on Trade Marks and Geographical Indications (2019). They now provide instructions for the examination of trade marks in conflict with traditional terms for wines, traditional specialties guaranteed, and earlier plant variety denominations. They include new sections dedicated to relative grounds for refusal related to bad faith, earlier geographical indications, and earlier trade names, while keeping up with the updated legal framework. The updated Guidelines also offer a wider range of real and fictional scenarios to illustrate the application of the trade mark laws and principles in Bulgaria.

By: Kliment Markov

Source: Bulgarian IPO

Ukrainian Bottled Water Producers Fined for Misleading Advertising

The Ukrainian Antimonopoly Committee has recently fined two Ukrainian bottled water producers, LLC Izumrud LTD and PJSC Novomoskovsk Mineral Water Plant, for violating the local competition legislation by making unsubstantiated claims about their products’ health benefits.

Both companies have ceased making misleading claims. However, due to multiple factors including the fact that one company admitted to violating the law and the other didn’t, PJSC Novomoskovsk Mineral Water Plant received a EUR 47,000 (USD 49,000) fine, while LLC Izumrud LTD received a significantly higher EUR 425,000 (USD 440,000) fine.

PJSC Novomoskovsk Mineral Water Plant made false claims on the labels of its "Bon Boisson" water (available in 0.75L and 1.5L bottles in still, slightly sparkling and sparkling varieties), such as "the highest pH level of all natural waters in Ukraine accelerates metabolism", "powerful antioxidant effect" and "boosts immunity". Similar statements were made on the company’s social media pages.

LLC Izumrud LTD made similar claims about its "Buvette №3 Vital" water, stating that it "accelerates metabolism", "detoxifies the body", "gives skin a radiant glow", and "stimulates metabolism, cleansing, and nourishment". The statements appeared on product labels as well as the company’s website.

Under Ukrainian law, health-related claims used for advertising products must be supported by relevant scientific research. In this case, neither company could provide evidence to support its assertions. The Ukrainian Antimonopoly Committee ruled that such misleading representation could influence consumer purchasing decisions, giving these two companies an unfair advantage over companies advertising products that actually have proven health benefits.

By: Maya Smirnova

Source: Antimonopoly Committee of Ukraine