Africa: foreign direct investment, brands and domain names

While global foreign direct investment slowed, Africa stood out with 11% growth according to UNCTAD's World Investment Report, Egypt, South Africa, Ethiopia and Morocco leading the way, with China, the United States, France and India among the main investors. The article links these capital flows to intangible assets: investment is only protected if the brands that carry it are. WIPO's statistics speak volumes — 68.9% of trademark applications filed with OAPI between 2016 and 2018 came from non-residents, a proportion that varies markedly from country to country. From this the article derives a simple principle: to each trademark should correspond the relevant domain names, under the ccTLDs of the countries of operation and under .AFRICA, without forgetting the city extensions already delegated (.CAPETOWN, .DURBAN, .JOBURG) and those one may expect one day (.LAGOS, .CAIRO, .KINSHASA). Registering early costs little; recovering later costs much.

NFTs and intellectual property: summary of a report submitted to the U.S. Congress

At the request of the U.S. Senate Judiciary Committee’s IP Subcommittee (9 June 2022), the USPTO and the Copyright Office studied the interplay between NFTs and intellectual property, publishing their joint report on 12 March 2024 after sixty written contributions and three public roundtables. The report recalls that owning an NFT does not convey ownership of intellectual property in the associated work: token and work must be licensed separately. Existing copyright and trademark law is deemed sufficient, even though enforcement is hampered by counterfeiters’ anonymity and decentralised storage; the USPTO has updated its Identification Manual for NFT-related goods and services. The authors recommend best practices for platforms — seller verification, transparency on transferred rights, detection tools, DMCA-compliant takedowns — and suggest a centralised dispute mechanism inspired by the UDRP for blockchain domain names, while cautioning against premature legislation.

3 June 2024
Initially published on iptwins.com

The future of IP Rights in the metaverse: insights from the British Intellectual Property Office

On 7 March 2024, the British Intellectual Property Office published a report on the future of intellectual property rights in the metaverse. The starting point is structural: there is not one metaverse but a multitude of environments — “multiverses” — with varying degrees of autonomy and interoperability, not all built on blockchains, and not on the same ones. This fragmentation and decentralisation undermine traditional, centralised models of IP governance and enforcement. The report questions the adequacy of conventional dispute resolution when infringements involve multiple contributors and AI-generated content, and recommends exploring alternative mechanisms, citing the UDRP experience for domain names as a model and considering blockchain-based decentralised justice systems. Its central conclusion is a call for international cooperation and legal innovation, so that transparent governance frameworks protect rights holders and metaverse stakeholders alike.

9 April 2024
Initially published on iptwins.com

Online Trademark Infringement: When the Corporate Veil Does Not Shield the Director

In a judgment of 7 October 2026 (No. 25-14.170), designated for publication in the Bulletin and the Rapport, the Commercial Chamber of the French Court of Cassation clarified when the manager of an SARL may be held personally liable for trademark infringement committed through the company's e-commerce website. First, the civil court must determine whether the acts personally attributed to the manager constitute the intentional criminal offence of trademark infringement under Article L. 716-10 of the French Intellectual Property Code. If they do, the offence is misconduct separable from corporate duties under Article L. 223-22 of the Commercial Code, and no prior criminal conviction is needed. Second, the manager's refusal to ensure compliance with a court order requiring the company to produce accounting and commercial documents is itself separable misconduct, even though the order was addressed to the company and not to him. Rights holders thus have two independent routes to the director's personal liability.

26 October 2026
Initially published on iptwins.com

Rush and Distribution: A Sector Map of the 2026 Reveal Day

On 7 October 2026, ICANN published the applications filed in the first new gTLD round since 2012: 1,614 primary applications for 986 distinct strings, submitted by 480 entities. That is fewer than in 2012 (1,930 applications for 1,409 strings), with evaluation fees now at USD 227,000, but the round is more contested: 55% of applications face a competitor, against 39% in 2012. Assigning each string to a sector reveals a demand driven by digital technology. Artificial intelligence is the most fiercely disputed sector, with .AGENT drawing thirteen applicants, and the leading AI companies have secured their own names. Brands have responded with restraint: 333 .BRAND applications, one in five, only nine of them French. Geographic names, so prominent in 2012, have almost disappeared, while niches such as health and the professions are emerging, including a community application for .AVOCAT. For trademark owners, the priority is to screen the list before the objection period opens on 17 November 2026.

9 October 2026
Initially published on iptwins.com

Article Information

Author

Emmanuel Gillet

Publication Date

29 January 2020

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