EMERGING IP
November 2025
HIGHLIGHTS
Syria Reopens for Intellectual Property and Foreign Investment as Sanctions Ease
Following the formal end of the civil war and political transition in late 2024, Syria has entered a period of gradual economic reopening. While the country’s IP office and legal framework continued to function throughout the past decade, international sanctions and restricted trade flows significantly limited meaningful IP activity from abroad. With sanctions now being eased and foreign engagement cautiously resuming, the environment for IP protection and commercial expansion is set to become more predictable and commercially attractive.
A series of high-profile infrastructure commitments signal renewed confidence in Syria’s long-term economic prospects. The redevelopment of Tartus Port – an approximately 800 million USD, 30-year concession awarded in mid-2025 to Dubai-based logistics giant DP World – marks a significant shift. Beyond upgrading port infrastructure, the project is widely viewed as an early indicator of expanded trade routes, enhanced cargo capacity, and the emergence of Tartus as a competitive Eastern Mediterranean logistics hub.
This momentum has been reinforced by further investment activity, including the recently announced Qatar-led consortium to redevelop Damascus International Airport, valued at 4 billion USD, which is projected to include a five-star hotel, a free zone and significant commercial facilities. Together, these developments reflect increasing openness to global trade and foreign capital, creating a more conducive backdrop for brand owners seeking to enter or strengthen their position in the Syrian market.
From a sanctions perspective, 2025 brought the first meaningful relaxation of U.S. measures, including the partial suspension of restrictions under the Caesar Act. Together with cautious, calibrated relief from the EU and UK, these steps enable broader engagement in commercial transactions, advisory services, supply-chain activity, and brand expansion. For rights holders, the changes facilitate market entry, enforcement, licencing, and distribution with fewer procedural and transactional obstacles.
Syria’s underlying IP architecture remains well established, offering a functioning trade mark, patent, and copyright system. While it is not a member of the WTO or the TRIPS Agreement, Syria is party to key international IP agreements, including the Madrid Protocol and the Berne and Paris Conventions. Its domestic laws – Trade Mark Law No. 8 of 2007, Patent Law No. 18 of 2012, and Copyright Law No. 62 of 2013 – govern substantive rights and procedures.
In light of the more permissive commercial environment, rights holders are advised to revisit and rationalise their portfolios in anticipation of increasing market activity. This includes new filings (including gap-fillings), registration renewals, licence recordals, and reviewing use of marks to mitigate risks of non-use.
With the typical trade mark registration timeline in Syria currently averaging around 8–10 months in uncontested cases, early action can position businesses ahead of competitors as commercial activity accelerates.
We continue to monitor developments closely and remain available to guide clients through this evolving landscape.
By: Elias Nassif
South Africa: Upcoming Patents Bill and Design Amendment Bill to Bring Significant Changes
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.
The upcoming Patents Bill and Design Amendment Bill, which are still being revised to reflect recent international developments, are to be presented to the Parliament soon, with publication for public comment anticipated in February 2026.
The South African Institute of Intellectual Property Law and the Licensing Executives Society of South Africa have provided the summary of the key changes.
Patents Bill: Key provisions and anticipated changes
- Integration of international instruments: The Bill will incorporate provisions from recent international instruments, notably the WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge (GRATK, 2024), and the Africa Free Trade Agreement (AfCFTA) IP protocols.
- International search authority status: South Africa is exploring the possibility of becoming an international search authority (ISA) under the Patent Cooperation Treaty (PCT) while also considering regional harmonisation initiatives.
- Expanded disclosure requirements: Applicants may be required to disclose the origin of genetic resources and associated traditional knowledge from any source – not only those originating from South Africa, contrary to the current requirements under the National Environmental Management: Biodiversity Act (NEMBA).
Substantive examination and procedural reforms
- Hybrid/phased transition to substantive search and examination (SSE): Moving from the current depository/non-examining system to SSE, initially limited to technical fields where examiner capacity exists or where public policy dictates the need (notably chemistry, biochemistry, ICT, physics, and engineering).
- Third party opposition introduced: Patent applications will be published 18 months after the filing date, with a window for third-party observations following publication and prior to examination.
- Flexible request for examination: Applicants will be able to request substantive examination within a defined, relatively generous timeframe, allowing them the opportunity to align the claims with examined counterparts.
- Post-grant opposition: Available for a period of 6 or 12 months on limited grounds, with inter partes procedures (not anonymous). Judicial review will also be provided.
- Administrative tribunal for compulsory licencing: A newly established tribunal, implementing Article 31bis of TRIPS will handle compulsory licencing, with decisions subject to judicial review or appeal.
- Novelty grace period: Duration to be specified, with opportunities for stakeholders to provide informal feedback on its scope.
- Utility models: A new category of protection for innovations with a lower threshold of inventiveness.
- Entity-based fee structure: Distinction between small and large entities, with different fee levels.
Design Amendment Bill: Key provisions and anticipated changes
- Elimination of functional designs: Circuit layouts will no longer qualify as designs but will be protected under the Patents Act.
- Opposition period introduced: Design applications will not undergo substantive examination; however, an opposition period will be introduced.
- International alignment: South Africa is preparing for for accession to the Hague Agreement, while alignment with the Riyadh Design Law Treaty (RDLT, 2024) is under discussion.
- Harmonisation possibilities: Potential reforms may allow for intangible articles, multiple designs in a single application, and flexible representation formats (e.g., photographs, animations).
- Novelty grace period: A 12-month grace period will be adopted, giving applicant more flexibility prior to filing.
By: Michiel Grobler
REGIONAL UPDATES
Africa
Nigeria Trade Marks Registry Introduces Temporary Manual Filing Measure
The Nigerian Trade Marks Registry has implemented a temporary measure allowing manual filings of documents to address the ongoing issues with its online filing platform.
The procedure applies to online applications for actions that the portal cannot currently process, including:
- Trade mark amendments;
- Appeals against trade mark applications rejected or queried by the examiners;
- Withdrawals of trade mark applications; and
- Acceptance and refusal of trade mark applications.
Documents related to these matters can now be submitted manually, even if the application has already been filed online.
By: Vanessa Lawrance
Eastern Europe
Kosova Music Rights Society Launched in October 2025
Despite the entry into force of Kosovo’s amended Law on Copyright and Related Rights No. 08/L-205 in October 2023, collective rights management had remained an unresolved structural gap for years. The previously licenced music rights organisation never became operational, leaving rights holders without an effective mechanism to protect and monetise their works.
In April 2025, the Kosova Music Rights Society (KMRS) was granted an official licence by the Kosovo Ministry of Culture to operate as a licenced collective management organization (CMO) for authors’ and related rights, authorising the use of musical works, collecting royalties, and distributing revenues to composers, authors, performers, and producers.
Following months of preparation and close cooperation between the Society of Authors, Composers and Publishers of Music of France and Kosovo’s Ministry of Culture, Youth, and Sports, KMRS was officially launched on 14 October 2025.
As of January 2026, creators in Kosovo will, for the first time, receive fair compensation through a fully operational royalty distribution system, marking a transformative step toward a sustainable and modern music industry.
The official launch of KMRS is expected to strengthen cultural life, promote professionalisation in the music industry, and ensure that creators are rewarded for their contributions in line with the governing legislation. Both creators and users of musical works are encouraged to engage with KMRS for registration, licencing, and compliance with the new royalty system.
By: Floretina Grubi-Vula
Changes to GI Protection Framework for Handicrafts and Industrial Products in the EU
Regulation (EU) 2023/2411 on the protection of geographical indications (GI) for handicrafts and industrial products (CIGI) was adopted on 18 October 2023 and officially applies across all EU member states as of 1 December 2025. A of that date, GI protection for handicrafts and industrial products is available only at the EU level, while applications for national protection in EU-member states are no longer accepted.
Requirements for GI protection of handicrafts and industrial products:
- Handicrafts: Must be produced either entirely by hand or with the aid of manual, digital or mechanical tools, but manual contribution is an essential element of the finished product.
- Industrial products: Must be produced in a standardised way through serial production and the use of machines.
- Geographical origin: The product must originate from a specific place, region, or country. Its quality, reputation, or distinctive characteristics must be linked to its geographical origin. At least one of the production steps must take place within the defined geographical area.
Agricultural products and foodstuffs are not covered by this regulation.
The registration process for EU producers consists of two levels: national and Union level.
New applications – national level:
- The application should be filed with the national IPO, or relevant authority
- The application must include product specification, a single document summarising the product specification together with accompanying documentation
- Applications that meet the relevant criteria are published for opposition
- If no opposition is filed, the authority issues a decision granting temporary national protection and forwards the decision to the EUIPO.
New applications – Union level:
- EUIPO reviews the application, conducts any opposition and notice-of-comments procedures at the EU level (if applicable), and subsequently approves or rejects the registration.
- Once registered, any producer within the geographical area that meets the product specification may use the GI;
Non-EU producers should submit their applications directly to the EUIPO.
Existing GI protection for handicrafts and industrial products
As the national GI protection for handicrafts and industrial products will cease to exist by 2 December 2026, member states may inform the European Commission and EUIPO of the existing names they wish to register and protect by that date.
Affected rights holders may initiate procedures under the CIGI Regulation, and existing rights must comply with its criteria to maintain protection. As a procedural exception, these cases are not subject to opposition or to the notice-of-comments procedure.
By: Erika Farkas
Amendments to Slovenia’s GI Legislation For Handicrafts and Industrial Products
In response to EU Regulation 2023/2411, which extends GI protection to handicrafts and industrial products, Slovenia has adopted the Amendments to the Industrial Property Act and to the Law on the Implementation of the Regulation (EU) on the Protection of Geographical Indications for Handicrafts and Industrial Products (Implementation Law). All three legislative changes entered into force simultaneously on 1 December 2025.
Under the amended Industrial Property Act, it is no longer possible to register national GIs for handicrafts and industrial products. The existing national GIs in these categories will remain valid until 2 December 2026, and applications for registration under the EU Regulation must be submitted by that date.
Slovenia currently has only two registered national GIs: Idrija lace, registered in 2000, and Ribnica woodenware, registered in 2005.
The Industrial Property Act still regulates GIs that fall outside the scope of handicrafts and industrial products, agricultural products, food products, wine, and other grape and wine products. For example, Lipicanec – known as the "Lipizzaner horse", an indigenous noble breed from Lipica – is protected under a decree that the Slovenian Government adopted in 1999.
Under the national Implementation Law, the Slovenian Intellectual Property Office serves as the registration authority, while the Slovenian Market Inspectorate acts as the supervisory authority for handicrafts and industrial product GIs. It regulates temporary national protection, oversees product compliance verification, imposes sanctions and fines for infringements, while ensuring judicial protection of such GIs under the Industrial Property Act.
The harmonised EU framework is expected to simplify procedures, reduce legal complexity, and enhance market visibility of these products.
By: Maja Znidaric-Plevnik
Articles
Registrability of 3D Trade Marks in the UAE: Inherent and Acquired Distinctiveness
Distinctive product shapes can be as memorable as the names or logos that accompany them. Some of the world’s most recognisable product shapes are protected as three-dimensional (3D) trade marks. The appeal of 3D marks lies in their ability to safeguard the unique visual and structural identity of a product; beyond mere logos or words. However, achieving registration of such marks in the UAE remains a nuanced process under applicable local trade mark laws, particularly where the mark’s distinctiveness is linked to a product’s function.
Registrability
The Federal Decree Law No. 36 of 2021 on Trade Marks (hereafter the UAE Trade Marks Law) expressly recognises the registrability of 3D trade marks. Under Article 2, a trade mark may include, inter alia, “three-dimensional marks…”
However, Article 3(16) provides an important limitation, excluding from protection any mark that “consists of a shape resulting from the nature of the goods specified in the registration application or necessary to achieve a technical result; without any substantive elements that distinguish it from others.”
This means that for a 3D mark to be registrable, it must possess inherent distinctiveness; that is, the ability of the shape itself to identify the source of the goods or services, independent of functional or generic features. Functional or commonplace shapes, even if visually appealing, will typically fall short.
For example, a bottle shape that merely serves to hold liquid or facilitate pouring would (or should, at least with stricter examination scrutiny expected nowadays) likely be deemed functional and thus ineligible for protection. Conversely, a uniquely contoured bottle incorporating distinctive, non-functional design features may qualify if those elements serve primarily as a brand identifier rather than a utilitarian feature.
The key question is whether the shape’s features go beyond functionality to perform a distinctive, source-identifying role in the eyes of consumers.
Acquired distinctiveness
Unlike certain other jurisdictions — such as Australia, the EU or the UK — the UAE Trade Marks Law does not address the concept of acquired distinctiveness (secondary meaning). This refers to situations where a mark that may not have been inherently distinctive at the time of filing becomes distinctive through extensive and exclusive use in the marketplace.
In the UAE, there is no explicit provision allowing applicants to rely on acquired distinctiveness to overcome objections relating to lack of inherent distinctiveness. This means that even where a shape has been used extensively, supported by significant sales data, purchase orders, and evidence of advertising and promotion both locally and internationally, the likelihood of overcoming such objections remains limited, at least theoretically.
When faced with distinctiveness objections, applicants should focus on two key strategies:
- Emphasising the presence of substantive non-functional elements within the design that differentiate the shape from others in the market - notable displays of already registered and/or well-known house marks could serve that purpose.
- Arguing that the mark has attained a level of recognition or fame that renders it distinctive, even in the absence of a specific statutory route for proving acquired distinctiveness.
The latter argument, however, may be constrained by the relatively narrow interpretive scope afforded by Article 3(16), which appears to favour the protection of designs that are genuinely distinctive and non-functional.
Takeaways
While the UAE Trade Marks Law expressly accommodates the registration of 3D trade marks, applicants should make sure that their designs possess clear, non-functional features that are inherently distinctive and capable of identifying commercial origin.
Given the absence of a statutory mechanism for recognising acquired distinctiveness, applicants cannot rely solely on use-based evidence to establish registrability. Instead, the focus should be on demonstrating that the 3D mark contains substantive, non-functional elements that set it apart from ordinary product shapes, and, where possible, on highlighting the mark’s reputation as being uniquely associated with the applicant.
In essence, the registrability of 3D trade marks in the UAE hinges on the uniqueness of the shape design rather than commercial familiarity. The more the shape departs from the norms of its category, while avoiding functional necessity, the stronger its case for protection under the UAE Trade Marks Law.
By: Elias Nassif
