Intellectual Property Law Articles
Articles written by attorneys and experts worldwide
discussing legal aspects related to Intellectual Property.
July 5, 2015 By MMLC Group
In 1985, the Patent Law of the People’s Republic of China and its implementing regulations entered into effect, with the latest revised implementing rules taking effect on 1 February 2010. China has experienced unprecedented economy growth, and associated with that is the amount of intellectual property, including patents, requiring protection.
July 1, 2015 By MMLC Group
Under the current Chinese legal framework, it is not mandatory for individuals or entities to register trademarks with the China Trademark Office (“CTO”) for goods and/or services for which they are provided, unless specified otherwise by certain laws or regulations, for example, under Article of the Law of the People’s Republic of China on Tobacco Monopoly, tobacco products shall use a registered trademark.
June 29, 2015 By Leks&Co
Law Number 28 of 2014 on Copyright (“New Copyright Law”) was issued on 16 October 2014, which revokes the Law Number 19 of 2002 on Copyright (“Old Copyright Law”). The New Copyright Law became effective since 16 October 2014. The New Copyright Law stipulates several terms which are more complex compared to the Old Copyright Law.
June 26, 2015 By GRP Rainer LLP
It is not enough simply to be more creative and quicker than the competition. It is also necessary for the intellectual property and brand to be appropriately protected to prevent them being copied or adopted.
June 24, 2015 By GRP Rainer LLP
The German Federal Court of Justice (Bundesgerichtshof (BGH)) strengthened trademark law in a recent ruling, according to which it is possible to demand the cancellation of a trademark based merely on a close resemblance.
June 18, 2015 By Mirandah Asia
In Suit No. 22NCVC-489-04-2012 between Fukuyama Automation Sdn Bhd (the plaintiff) and Xin Xin Engineering and Trading and Wong Thiam Fook (collectively referred to as the defendants), the High Court of Malaya invalidated the plaintiff’s Malaysian Patent No. MY-124182-A due to lack of novelty in view of the prior disclosure of the Japanese Patent No. 2812353 (JP2812353). Subsequently, the High Court dismissed the infringement case filed by the Plaintiff.
June 16, 2015 By GRP Rainer LLP
Accusations of plagiarism and copyright law play a significant role, inter alia, in the music industry. The German Federal Court of Justice (Bundesgerichtshof (BGH)) is currently dealing with accusations of plagiarism.
June 15, 2015 By Summerfield Browne Solicitors
Determining the terms of ownership and exploitation of intellectual property rights is a fundamental aspect of forming any commercial joint venture. This Article considers some important preliminary issues that the parties should consider and evaluate.
June 12, 2015 By MMLC Group
Looking at the recent SAIC competition law guidelines regarding IP transactions, and predicting what the NDRC is likely to refer to when it introduces its competition IP guidelines later this year.
June 5, 2015 By Planet Depos
Singapore is a hub for international arbitration. Learn more about the city-state and what to do to prepare for an upcoming arbitration.
June 5, 2015 By Mirandah Asia
In the case of Dura-Mine Sdn Bhd vs Elster Metering and George Kent (Malaysia) Berhad, the Federal Court of Malaysia had occasion to rule on the scope and application of Section 42 of the Copyright Act 1987 (hereinafter refer to as the “The Act”)
June 5, 2015 By MMLC Group
On April 1, 2015 the State Intellectual Property Office (SIPO) released a revised draft amendment to China’s Patent Law (the “Draft”) for public comment. This is a comprehensive revision in response to the concerns voiced by the National People Congress (NPC) of patent quality and enforcement matters, and to overall address matters such as reducing the time frame for patent administrative litigation, refining procedures, and improving enforcement in the online environments.
June 7, 2015 By MMLC Group
The modern Chinese Copyright Law, in its history, has been substantively revised twice, in 2001 and 2010. A significant number of draft amendments have been on the table since 2010. On June 6, 2014 the Office of Legislative Affairs of the State Council of the People’s Republic of China released a “finalised” series of draft amendments to the Copyright Law in order to ensure improvement in its intellectual property laws and regulations, and further encourage and foster the innovation industry.
May 22, 2015 By Yingke Law Firm
The third draft of proposed amendments to the Chinese Copyright Law was released on March 31, 2012. As expected with any piece of legislation with economic import, this draft was the result of much political pushing and pulling. In the end, no one was happy. But as we live in a time of profound technological and cultural change, it’s reasonable to be unhappy some of the time with what the Copyright Law does and does not allow.
May 19, 2015 By Youssry Saleh Law Firm
Notion of authorship and ownership is one of the cultural constructs that differ across cultures and is highly influenced by social, religious, economic and political factors. Whereas in some countries, the concept of intellectual property is understood and practiced, granting all the rights to the ‘owner’ of words and ideas; yet, in other parts of the world, ideas, thoughts and knowledge are considered “a part of a collective foundation of knowledge available to all” .
May 19, 2015 By Yingke Law Firm
Waiting too long to protect your trademark can end badly. In China, with its first to file system, foreign brands have learned the hard way to be proactive in protecting their foreign language brand names. But some have been slow in protecting the Chinese language versions of those brand names. And have seen their brand recognition pulled out from under them.
May 15, 2015 By MMLC Group
This article looks at Australian competition law issues, as applied to franchise agreements, including plans to extend unfair contract terms legislation.
May 12, 2015 By MMLC Group
For a long time, network reproduction copyright issues have not been clear in China. This situation has changed recently by a significant move by the National Copyright Administration of the PRC (“NCAC”) to promulgate the Notice on Standardization of Network Reproduction Copyright Order (the “Notice”) on 17 April 2015. The Notice aims to promote the convergence of traditional and new media, and encourages the newspaper industry and the Internet media to operate in good faith.
May 8, 2015 By Parris Whittaker, Attorney at Law
The High Court in the UK recently considered whether a company should pay damages for copyright infringement and/or breach of contract where software was used without consent.
May 7, 2015 By Thai International Law Firm Co., Ltd.
Thailand Trademark Act B.E. 2534 amended Thailand Trademark Act B.E 2543 does not recognize trademarks registered in other jurisdiction. Therefore, in order to reap the benefits of the full force of the law a foreign Trademark has to be registered in Thailand.
May 6, 2015 By MMLC Group
The Chinese legal issues associated with the licensing of all kinds of intellectual property rights, with a particular focus on the licensing of intellectual property by foreign entities. The introduction of new rules based on antitrust theories, and an adjustment of royalty remittance rules should be focused on.
April 30, 2015 By Thai International Law Firm Co., Ltd.
Most businesses are looking to Incorporate a Company in Thailand but do not meet the initial requirements. Below is a list of items to consider before you proceed to set up a company in Thailand.
April 16, 2015 By MMLC Group
The State Administration for Industry and Commerce (“SAIC”) issued the finalized Provisions on Prohibiting the Abuse of Intellectual Property Rights to Preclude or Restrict Competition (“the Provisions”) on April 7, 2015, which has been almost a year since the draft thereof was released for public opinion. The Provisions will be effective as of August 1, 2015.
April 12, 2015 By Jurado & Farshchian, P.L.
The purpose of a trademark is to differentiate and protect a company’s goods or services in the marketplace. A trademark also represents an intangible asset in the form of consumer goodwill that has been assigned to the company through its history of providing quality goods and/or services.
April 9, 2015 By Yingke Law Firm
We register hundreds of trademarks every year and these are the most common questions we get.
April 9, 2015 By MMLC Group
Here we look at recently issued draft rules for employee inventor remuneration to be applied under the Chinese Patent Law. It also contrasts China's position with those in the US and Australia.
Earlier this month the Office for Harmonization in the Internal Market (OHIM) together with the Malta Commerce Department hosted the Intellectual Property Information session on the European Trademark and Design session.
If the success of your small business rests with your intellectual property, then you should be very interested in how you can protect it. Filing for a patent can be costly and time-consuming; you may not be able to wait that long, especially if you need to share your idea with others for it to come to fruition.
On February 26, 2015, the Chinese Supreme People’s Court released a Draft Interpretations of the Supreme People’s Court on Issues Related to the Application of Laws in Reviewing Act Preservation Cases of Disputes over Intellectual Property Rights and Competition (“the Draft”) in order to specification on reviewing act preservation cases of disputes over intellectual property rights and competition.
Since the rise of the Internet, the illegal sharing of music, movies, and software have been an ongoing concern. Still, not every peer-to-peer network for sharing various forms of media is illegal, and some companies have even found it desirable to begin distributing materials in this fashion. So, when is it legal to download music, movies, or software via torrents on the Internet?
Intellectual property law is an intimidating subject for many business owners. Sure, you’ve heard horror stories about intellectual property being stolen… but that would never happen to you, right? Actually, if you’re in business long enough, there’s a very good chance that your ideas will be stolen. And if you don’t protect yourself, the consequences could be catastrophic.
The California Homemade Food Act which went into effect January 1, 2013 has created a new category of food production called a cottage food operation. To qualify for a permit, aspiring food manufacturers need to attend a food safety class, pass an exam, learn how to label foods, pay a fee and submit to inspections. They can’t smoke or keep pets in their kitchens, certain hazardous foods are prohibited, and there is also a revenue limit.
Despite slight increases in Official Fees, Chile continues to be cheaper than the average of the region.
The National Institution of Industrial Property (INPI) in Argentina, has given an excellent use to their new technology, by improving and reducing the time and work done in the trademark registration process. Currently this procedure is not taking longer than 10 months to be ready and delivered to the applicant.
The World Intellectual Property Organization have a new database which is unique compared to other databases, private or public that the Intellectual Property (IP) has to offer. The purpose of this new technology innovation is to let the user interact in a world wide database.
The launch of the new software Sword (SIC) in April 2015.
Each country holds different criteria on the registration of numbers.
Colombia protects the color of their brands.
Colombia and Chile leading entrepreneurship in a study of 44 countries. The report of the World Economic Forum evaluated three dimensions: entrepreneurship, ambition (growth orientation) and innovation. B&R Latin America IP LLC promotes the protection of creations and trademarks because stay ahead involves responsibility.
Good news from Peru! Significant increase in patent applications and faster processing times are signs of Peru taking it's place as a regional IP leader.
DNPI (PTO) in Uruguay issued a resolution where the attorneys in charge of your case will have to keep the original documents with the translations and serve as custodians of the priority patent.
3D printing refers to the process of making a three-dimensional object from a computer-aided design (“CAD”) program file or scanning of a physical object through a 3D scanner.
Turkey’s expansion of Information and Communication Technologies (ICT) sector for 2015have been estimated by some recent researches.In following years, thanks to technologies such as Big Data, Cloud, Mobility and Social Work, there is being expected a transformation of the institutions in Turkey.
The Intellectual Property Office of Singapore (IPOS) takes another step towards enhancing and strengthening Singapore’s Intellectual Property (IP) system.
Examining the modern world of multinational manufacturing and sourcing, and outlines key issues for brand owners to keep in mind as they build, grow and protect their brands in their home countries and abroad.
Here we look at some major recent developments in relation to data privacy protection in China. It is vital that all foreign and Chinese businesses develop strong and compliant data privacy policies, given the potential penalties involved for breach of China’s relatively new data privacy rules.
Because of the value of even the simplest phrase, celebrities today are utilizing copyright and trademark law to protect their intellectual rights in instances rarely before noticed. It is Copyright and Trademark Law which requires their lawyers to send cease and desist letters to unsuspecting entrepreneurs. A balance needs to be restored so celebrities can proceed against large scale pirates even if they don’t aggressively seek to protect their intellectual property rights in every case.
The legal profession has been changing over time, adopting new fields and challenges. Globalization, development of internet and technologies all led to the change in lives, change in the way businesses are conducted, in the way people spend their leisure time and, also, the way people commit crimes.
During the past months, the European Commission put forward a proposal for a directive on the protection of undisclosed material and business information, also known as trade secrets, and against their unlawful acquisition, use and disclosure. The idea of this proposal is for the protection against the misappropriation of business information and the safeguarding of confidential business practices.
Singapore has recently expanded the scope of its Plant Varieties Protection Act ("Act") to extend the scope of plant varieties protection to all plant genera and species. The primary aim of this amendment is to encourage investments on research and development of new plant varieties, which have economic potential.
In case a foreign trademark which has not been registered in China is preemptively registered by someone else, the current Chinese Trademark Law provides solution to cope with this issue premises that certain conditions are fulfilled. This article is aimed at discussing about remedies for the preemptively registration of trademark.
If you have decided to grant a patent for invention, you have several options: national applications (protection in selected country); filing an application for a regional system - the Eurasian Patent; protection through the international application under the PCT.
In Syntroleum v. Neste Oil Singapore, the Singapore High Court dismissed two sets of applications filed by the defendant for the disclosure of three categories of documents by the plaintiff in respect of Singapore Patent 172045 (the 045 patent), Singapore Patent 169053 (the 053 patent) and the United States Patent 5,705,722 (the US 722 patent).
Registration of industrial designs can be required for a variety of products such as textile products, electrical household appliances and cars. Registration of industrial designs is made for 5 years and can be extended up to 25 years in 5-year periods. A design can be registered only on the condition that it is novel and distinctive. Novelty of a design means that it has not been offered to public in anywhere around the world.
Utility model is similar to patent in aspects such as novelty, industrial applicability, etc. in terms of protection conditions. The protection provided for the patent owner is also provided for the owner of utility model. The period of protection for utility models is 10 years on the condition that the protection fee must be paid at each anniversary.
Trademark means any kind of indication which shows the service or goods and which shows the assigned pertains to distinguish the service or the goods from similar ones. Same time, It shows the assigned pertains to a specific enterprise the service and goods from similar ones in the market.
If the patent applications do not meet the patentability criteria or violate your rights, objections can be raised within 6 months from the publication of applications on the Official Patent Bulletin. Patent applications are made to Turkish Patent Institute by the inventor or its successors.
Recently, a draft of the Intellectual Property Rights Policy Template of Industry Standardization Organization (“the Template”) was released for soliciting opinions by the Intellectual Property Center, the Ministry of Industry and Information Technology.
In the aftermath of the horrific and deadly attack on the offices of Charlie Hebdo in Paris on January 7, 2015, we examine why parody and satire are cherished forms of free speech and how they are protected by U.S. and U.K. law. When an aggrieved target of satire or parody sues for defamation, or a copyright holder sues when their work is contained in a mashup, can parody, satire, or fair use be utilized as a defense by an attorney? In the U.K., it will help if the parody is funny.
The right of publicity is the right of every human being to control the commercial use of his or her identity. When that right is infringed, the individual’s publicity rights have been violated. The right of privacy is the right not have your name or likeness appropriated by another without your permission, your privacy intruded, your private information to be made public, and to not be placed in a false light. In California, damages can be pursued by an attorney for these infringements.
The client who creates a comic book character and goes on to develop a character that can be licensed to third-party publishers, to the film and television industry and to the interactive game industry, isn’t simply creating content. They’re creating intellectual property the ownership of which needs to be carefully protected so all the revenue streams from that content can be potentially licensed and controlled by the comic book creator and his or her company.
Tao, Hsiu-chih (the applicant) filed Singapore trademark application number T1015606G for the figurative mark Ts.Project (application mark). This application was accepted and published on April 29, 2011. Pirelli & C SpA (the opponent) opposed the application mark on the ground of similarity to their previously registered marks, passing off by the applicant and that the application was made in bad faith.
Israel's Supreme Court provides new guidelines relating to the Substantive Infringement Doctrine in Israel.
Patents are regularly enforced by courts in Israel. As soon as your patent is registered, you can begin to enforce it. Once the patent has been registered, you can sue anyone that has infringed the patent at any time since it was filed.
Israel's Supreme Court recently found that trademark infringement in Israel should not be attributed to an importer who did not knowingly order counterfeit goods, had no intention of buying counterfeit goods, and was the innocent victim of a scam.
Israel's Supreme Court has just handed down a watershed ruling in relation to the question of parallel import in Israel. In addition to re-affirming the existing common law, which permit parallel import, the Supreme Court clarified many do's and dont's relating to this kind of activity, thereby painting a fairly clear picture of what will, and will not, be permitted in Israel.
A look at the new IP courts that have been set up in China.
A look at China's well known first-to-file system for trademark registration and how this system can be adjusted to a first-to-use system in certain cases to protect global trademark owners.
In Russia, copyright issues are governed by Part IV of the Russian Civil Code ("CC") that became effective on January 1, 2008. It replaced the 1993 copyright law which, in turn, drew heavily upon provisions of the conventions of Berne and Rome regarding copyright and neighboring rights and the model laws of World Intellectual Property Organization ("WIPO").
Author's exclusive rights may be transferred either in full under an exclusive right transfer agreement (Part IV of the Russian Civil Code ("CC") Articles 1234 and 1285) or in part under a licensing agreement (CC Articles 1235 and 1286).
In different countries Patentability of business methods has always been the subject of controversy. Ukraine is not exception of this rule.
In July 2014, the Russian legislative authorities have adopted a set of amendments to the Federal Law "On Information, Information Technologies, and Information Protection" and to the Federal Law "On Personal Data" ("Amendments to Personal Data Law").
The Court of Appeal in Malaysia reversed the High Court’s decision in SKB Shutters Manufacturing Sdn Bhd v Seng Kong Shutter Industries Sdn Bhd & Anor  4 CLJ.
Patent Prosecution Highway (PPH), which is a mutual agreement between two offices allowing applicants to request a fast-track examination by using the examination conducted by the other office or vice versa, has been continuously gaining popularity worldwide as an alternative route to expedite the examination of a patent application.
Singapore Parliament in July 2014 amended its copyright laws by strengthening its position against online piracy. The new law intends to provide copyright owners with better ability and effective means to protect their rights in the online space.
Commercial disputes increasingly involve copyright and patent issues, reflecting the high value attached to the intellectual property of a business.
As most of the countries do, the trademark registration process in China is also proceeded with both a formal examination and a substantive examination. Normally, the formal requirements is easily to be met, while the substantive requirements cover a lot and the fail to meet it often brings with an provisional trademark refusal/partial refusal.
On October 10, 2014 the Government of the Republic of Uzbekistan amended certain rates of official fees related to the registration and the maintenance of Industrial property subject-matter
The intellectual property rights (IP) are conceptually is linked to both intellectual and industrial rights in Turkish legislation.
Civil Code of Ukraine and the Law of Ukraine ‘On the Protection of Plant Varieties’ determines that plant varieties property rights in case of infringement can be protected by court.
The Intellectual Property Office of the Philippines (IPOPHL) has issued Memorandum-Circular No. 14-004 on 20 May 2014 allowing applicants to file a request for deferment of publication enabling designers and companies applying for the registration of industrial designs to keep them secret from competitors until the designs are made available in the market.
The SEIKI trademark was recently granted registration in Singapore despite an opposition from the proprietors of the SEIKO mark. The Registrar dismissed the opposition despite finding that SEIKO is a wellknown mark and that the two marks are similar. A closer examination of the Registrar’s reasoning, however, reveals that the decision is not as incongruous as it may seem at first glance.
In a recent ruling, the District Court of Tel-Aviv, Israel, may have laid the foundations for ground-breaking jurisprudence in favor of the owners of registered intellectual property rights in Israel, which is seen as the technology start-up capital of the world.
“Mango” is commonly known as the juicy stone fruit belonging to the genus Mangifera. But to others, it means more. To Consolidated Artists BV, “Mango” is a trademark symbolic of quality bags, fashion and accessories. Recently, MANGO has been the subject of a dispute before the Office of the Director General (ODG) of the Intellectual Property Office of the Philippines (IPOPHL).
Patents were first used as collateral to secure financing by Thomas Edison in the late 1880s. Edison used his patent for the incandescent electric light bulb as collateral to secure financing to start his company, the General Electric Company.
In Converse Inc. v. Ramesh Ramchandani et al., Converse had elected to request an award of statutory damages after an interlocutory judgment had found Mr. Ramchandani liable for infringing Converse’s high-cut Chuck Taylor All Star canvas shoes. Accordingly, the High Court of Singapore was given the unfamiliar task of assessing the amount of statutory damages to be awarded under Section 31(5) and (6) of the Trade Marks Act.
There is a substantial amount of issues that should be considered in details before entering into a legal relationship with the distributor in any country. Ukraine is not an exception.
Plagiarism is widespread and can be found in almost all business fields. There are legal remedies for defending oneself against product piracy.
If you have decided to register trademark in Ukraine, here are some general tips which you have to consider while achieving this point.
By granting licenses, a holder of rights is able to transfer the authority to use rights to others. Those exploiting these rights without the appropriate license could potentially be exposed to damages claims.
Disputes over copyright law can sometimes take bizarre forms. For example, a case involving an ape that took pictures of itself has made headlines. Does it also own the copyright?
Today there are a lot of unsolved problems in Crimea. Especially in law system. Because of the Crimea annexation, the population is forced to accept Russian citizenship. Likewise, legal entities must pass to the Russian legislation. Misunderstanding is also in IP questions.
A trademark can be of considerable value to a business. It is therefore crucial to have the trademark protected. An infringement of a trademark can give rise to claims for damages.
This article is aimed at introducing some important provisions of the PRC Patent Law that pharmaceutical companies need to be aware of when making or selling their drugs in China.
By STA Law Firm
Feeling blue or are you seeing red because you are turning green with jealousy at the neighbor’s new car? Colors are not only used to describe the emotions we feel, but they are imperative in our world. Universally red means ‘stop’ and green means ‘go’ and traffic lights across the world send this message. It should come as no surprise that colors hold a great importance and are increasingly used as trademarks (color marks) in the marketplace.
There has been a recent decision issued in China, regarding the establishment of dedicated IP courts in Beijing, Shanghai and Guangzhou.
There are various clarifications made by the Chinese Trademark Office in relation to the filing and prosecution of multi-class trademark applications in China.
Brothers, Damrong and Damras Maslae, are owners and operators of a Bangkok coffee cart called Starbung Coffee.
On November 11, 2013, the Director General of the Intellectual Property Office of the Philippines (IPOPHIL) dismissed the appeals filed by Fun Ranch Mega Development, Inc. from the decision of the Director of Trademarks denying the registration of a façade of a building for lack of a distinguishing feature and function as an identifier of the source of goods and services.
Hong Kong as the special administrative region of China that has its own intellectual property system, and the Hong Kong intellectual property department (IPD) handling of the related issued for patents, trademarks, industrial designs and copyrights in Hong Kong. This article is about the filing of industrial design in Hong Kong.