December 05, 2025

Updates to International IP legislation, Treaties, and Protocols

European patents

On October 1, 2025, the European Patent Office (EPO) implemented a new provision in relation to the submission of color and grayscale drawings within European patent applications.

The recently enacted provision allows for the filing of drawings within patent applications in color or grayscale format, whereas the previous rules prohibited color drawings completely, and favoured drawings in a black and white format with a clear outline.

This alteration to the requirements in relation to patent drawings impacts European applicants and offices across the jurisdiction, with IPOs throughout Europe having aligned their requirements with the new EU provisions in order to harmonize national legislation with that of the EU.

The Spanish Patent and Trademark Office (SPTO), for example, now allows patent drawings to be submitted in either color or grayscale format, so long as they have been granted and published by the EPO.

Whilst the fresh provisions provide a welcome adjustment for many applicants seeking European patent protection, it is important to note that the changes are not applicable to PCT applications, for which drawings should continue to be submitted in black and white format only.

Bermuda

The long-awaited Trade Marks Act of 2023 officially entered into force as of August 1, 2025 in Bermuda, signifying a poignant milestone in the modernisation of the country's IP legislation.

With the legislative reform updating the previous law of 1974, the provisions bring about a more contemporary approach to the IP field of Bermuda, steering the national framework further in line with international best practices.

Among the most significant amendments introduced by the new legislation, it is now possible to file multi-class trademark applications in Bermuda, streamlining the application process for applicants wishing to protect multiple classes within the jurisdiction.

This change also provides the potential for a more cost-effective way of protecting a trademark in multiple classes, with the fee for the filing of a single mark application constituting 269 USD, and each additional class amounting to 139 USD.

Moreover, the definition of a trademark was broadened as per the new provisions, paving the way for the registration of non-traditional marks in Bermuda. This means that instead of the typically permitted word or number marks, applicants are now also able to submit applications in the form of sound, colour, or even the shape of goods or their packaging. This list is non-exhaustive, with the new Act indicating that a variety of mark representations may be permitted, provided that it is possible to “determine the clear and precise subject matter of the protection afforded” from the application.

The validation period of a trademark registration has also been altered. A Bermudian trademark is now valid for 10 years, renewable for a subsequent 10-year term as opposed to the previous 7-year period, which was followed by a further 14-year period if renewed.

The Act also provides enhanced safeguarding measures in relation to well-known marks, even if they are not registered in Bermuda, as well as making it possible for Bermuda to recognise priority-based claims, despite the jurisdiction not being a party to the Paris Convention.

The recently implemented trademark legislation in Bermuda marks a significant step in the modernisation of the IP field in the country, harmonising the national law with that of its international counterparts.

Zanzibar

The Zanzibar Industrial Property Office (ZIPO) implemented a new intellectual property fee schedule as of August 11, 2025. The amendments to fees span trademarks, patents, industrial designs, and geographical indications, with increases of between 50% and 300% seen across the board.

In addition to the inflation of multiple fees, the alterations to the fee schedule also introduce new fee items, including those related to mark association and hearings in opposition proceedings.

The changes to fees and introduction of new costs have been applied to IP matters in the jurisdiction retroactively, meaning that any outstanding fees for applications which were pending as of August 11, 2025 will be subject to the new schedule of costs.

Mauritius

The Republic of Mauritius officially deposited its instrument of Accession to the Harare Protocol on Patents, Utility Models, and Industrial Designs, administered by the African Regional Intellectual Property Organization (ARIPO), as of May 27, 2025. The accession of the Harare Protocol was officially implemented for Mauritius as of August 27, 2025, with the country marking the 21st Contracting State to the Protocol.

The Harare Protocol allows applicants to apply for protection of their intellectual property with the ARIPO through the filing of a single application, designating any, or all, of the Contracting States which are parties to the Protocol. Whilst the Protocol applies to Patents, Utility Models, and Industrial Designs, an individual application should only apply to one IP type at a time.

The addition of Mauritius to the Harare Protocol means that from August 27, 2025, applicants are able to designate Mauritius in their IP applications submitted to the ARIPO. This, in turn, will simplify and streamline the process for obtaining IP protection in Mauritius, making the jurisdiction more appealing for international applicants to consider registering their IP.

Moreover, Mauritian nationals and resident applicants will be able to utilize the Harare Protocol to register IP in the Contracting Parties to the Protocol, benefiting the wider IP field and economy in the region.

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