Editor’s Note: Intellectual Property Highlights and Strategies for Innovation

Welcome to the MeritsIP Newsletter. We delve into critical updates in the intellectual property landscape, providing insights and strategies to help you navigate the ever-evolving world of patents, trademarks, and copyrights. Read on to stay informed and ahead in the game of innovation.

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Macao SAR Innovation Entities Approved to be Included in the Patent Pre – examination Service Scope of Zhuhai Intellectual Property Protection Center

Recently, the China National Intellectual Property Administration agreed to include relevant innovation entities in the Macao Special Administrative Region in the patent pre – examination service scope of the Zhuhai Intellectual Property Protection Center. From now on, these entities can access the patent pre – examination services at the center, facilitating rapid patent layout of scientific and technological achievements. Given Macao’s adjacency to Zhuhai and the close Guangdong – Macao scientific and technological exchange, some Macao enterprises in the Hengqin cooperation zone already had access to such services. Expanding the pre – examination scope is a convenient measure for Macao enterprises, stimulating their innovation vitality and contributing intellectual property strength to the construction of the Greater Bay Area’s International Science and Technology Innovation Center.

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European Patent Office Releases 2025 Annual Report

On June 30, 2026, the European Patent Office (EPO) released its 2025 Annual Report, highlighting achievements in 2025 and the progress of the “EPO 2028 Strategic Plan” (SP2028). In 2025, the patent grant rate hit a record high, up 3.7% from 2024. Product and service timeliness improved, with high user satisfaction, especially in retrieval.

The EPO processed 418,868 cases (+4.0%) in 2025, mainly in key areas. Battery innovation drove growth. The patent grant process became more efficient, with the average search time reduced and the on – time issuance rate up to 86.8%. User satisfaction was positive, and the 2025 Quality Action Plan was released.

In 2025, the EPO integrated AI more deeply into review tools. The PreSearch tool was upgraded, and AI was used in multiple processes. The MyEPO service had over 10,000 active users, and its functions were optimized.

The unified patent system was more popular than expected in 2025, with many small and medium – sized enterprises, universities, and public research institutions as owners. The EPO launched new tools and provided patent intelligence globally.

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2026 New Version of the EU Trademark and Registered EU Design Examination Guidelines Comes into Force

The latest “EU Trademark and Registered EU Design Examination Guidelines” reflecting EUIPO’s current examination practices came into force on July 1, 2026. Adopted by the EUIPO Executive Director on June 30, 2026, after stakeholder consultations, the Guidelines feature several key changes. These include improvements in registered EU design applications (e.g., graphic presentation requirements), restructuring and updates in design invalidation declarations, updates to EU trademark examination rules (e.g., for prior geographical indications), and general rule changes for trademarks and designs (e.g., electronic submission requirement). The Guidelines serve as a key reference but should be applied with case – specific adjustments.

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Overseas Warning | Zuru vs. Lego: A Trademark Mystery Triggered by Building Block “Compatibility”

On December 10, 2025, the lawsuit between New Zealand toy brand Zuru and Danish toy giant Lego (Case No.: <2025> NZCA 650) was judged. The case centered on the legal boundary of “compatibility” in trademark law. Zuru sold plastic toy building blocks under the MAX BUILD MORE trademark, with its blocks designed to be compatible with Lego’s products. It initially marked “LEGO® BRICK COMPATIBLE” on its packaging and later changed it to “Compatible with major brands”, which were both opposed by Lego.

The New Zealand High Court ruled that the original statement infringed Lego’s trademark rights. In the Court of Appeal, most judges considered Zuru’s act “non – trademark use” and “descriptive use”, while Judge Cooke thought it was “trademark use”. Finally, the court held that Zuru’s use of “Lego” in the initial statement did not infringe the registered trademark and dismissed Lego’s cross – appeal. This case offers important guidance for overseas enterprises and IP legal practitioners on packaging “compatibility” marking.

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KPN and OPPO’s LTE Patent Dispute Continues

The LTE patent dispute between OPPO and Dutch telecom KPN persists and may escalate. OPPO won as Germany’s Federal Supreme Court restricted the protection scope of KPN’s EP2291033 patent and rejected KPN’s appeal against the invalidation of claim 14 by the Federal Patent Court. KPN sued OPPO’s German sales unit in the Düsseldorf Regional Court for EP033 infringement, but with claim 14 invalid, the claim loses its key basis. However, the German lawsuit may continue as the Supreme Court hasn’t ruled on other claims of EP033.

In an earlier German suit, KPN lost its initial claim to ban OPPO’s 5G devices, and later appealed. The patent fight has extended to the Netherlands, China, India, and the UPC. At the UPC, KPN’s first EP2387844 infringement claim was dismissed due to patent invalidation, and it filed two more lawsuits in 2025 and 2026 for different patent infringements.

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Australia’s High Court Rejects “Honest Concurrent Use” Defense

In a significant brand – related ruling, Australia’s High Court maintained a high standard for traders’ “honest” adoption of brand names. In the Zip Co Limited v Firstmac Limited case, the court had two key findings. Firstly, the “Honest Concurrent Use” defense for trademark infringement should be assessed for each potential infringement, not just at one time point. Secondly, the accused infringer must actively prove their subjective honesty. Firstmac registered the “ZIP” trademark in 2004, and Zip began using a “ZIP” – containing logo in 2013. The court ruled that the defense evaluation should apply to each use, and Zip’s lack of honesty in 2013 was crucial. Also, “honesty” is a subjective standard. Zip received a negative report in October 2013 but still used the logo in November, failing to prove its honesty. The High Court dismissed Zip’s appeal and upheld the infringement finding.

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India Joins the Dispute over AI Music Copyright

The generative AI era has brought urgent legal questions in India regarding music copyright. The 1957 Copyright Act, centered on human authorship, has unclear applicability to current AI tools. Indian copyright case law emphasizes human – centered originality, and early judicial trends show the judiciary’s grappling with AI – related issues. The core of the legal debate on AI music lies in authorship and ownership, with unresolved theories. AI model training may involve copyright infringement, and AI’s ability to clone voices adds legal complexity. India is exploring AI – IP policies. Internationally, many regions emphasize human authorship. India’s traditional copyright framework is challenged, and the legal status of AI – generated music remains uncertain without judicial guidance or legislative reform.

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WIPO China: Beijing Explores Urban Path for Green Technology Deployment

The World Intellectual Property Organization (WIPO) released a report on the four – year practice of the first WIPO GREEN urban acceleration project pilot in Beijing. Launched in 2021 by the Zhongguancun Bluer Clean Air Alliance and WIPO GREEN, with support from relevant offices, it pioneered a city – level acceleration model integrating technology transfer and intellectual property.

The project aimed to promote green technologies from invention to application. It assessed Beijing’s green development challenges and identified three key areas. From 2021 to mid – 2025, multiple rounds of activities led to 12 formal matches and 3 successful implementations.

The “Bluer Carbon Neutrality Pioneer Award” was used to evaluate technology credibility. Over 400 green technologies applied from 2022 – 2025, and selected ones were in the WIPO GREEN “Green Technology Handbook”. The IPMC provided IP strategy training to 50 companies from 2024 – 2026.

The Beijing pilot shows that integrating IP into urban green innovation can connect innovators with real needs and sustainable solutions, offering a replicable model.

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Korea’s IP Ministry Unveils Expansion and Reform Plan for Technology Leakage and Theft Response System

On June 29, 2026, the Korean Intellectual Property Ministry released the “Expansion and Reform Plan for the Technology Leakage and Theft Response System,” officially launched on June 30. The plan involves establishing three new internal units in the Korea Intellectual Property Protection Cooperation Agency, adding 28 positions. The number of technical crime – handling teams grew from 1 to 4, and technical police increased from 27 to 61. A Special Technical Leakage Judicial Police Section with 21 full – time reviewers was set up for high – tech cases. The Intellectual Property Protection Analysis Section will use patent big data for risk identification, with two supporting mechanisms. Training for SMEs on trade – secret protection will be provided. The ministry will refine review guidelines, set up a committee with external experts, strengthen human – rights protection, and deepen cooperation with the National Police Agency to safeguard Korean enterprises’ core technologies.

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