Intellectual Property Law Articles

Articles written by attorneys and experts worldwide
discussing legal aspects related to Intellectual Property.

Cultural Notion of Authorship and Ownership in Egypt

  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” .

Michael Jordan and the Chinese Trademark System: Two Languages, One Superstar

  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.

Issues in Competition Law and Franchise Agreements in Australia

  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.

Copyright in Network Reproduction in China

  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.

Thailand Trademark Registration and Infringement

  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.

Intellectual Property Licensing in China

  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.

Thailand Business Structures Incorporation

  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.

China Releases Notice Regulating Intellectual Property Rights from a Competition Law Perspective

  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.

Choosing a Trademark That Will Last Over Time

  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.

Ten Frequently Asked Questions about Registering a Trademark in China

  April 9, 2015     By Yingke Law Firm
We register hundreds of trademarks every year and these are the most common questions we get.

Understanding the Remuneration for Employee Inventors in China

  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.

Intellectual Property Rights in the European Union

  April 7, 2015     By CSB Advocates
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.

Intellectual Property: 3 Legal Tools to Help You Protect Your Business Idea

  April 7, 2015     By Jurado & Farshchian, P.L.
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.

China's Supreme Court Issues Draft Interpretation on IP and Competition Pretrial Measures

  March 31, 2015     By MMLC Group
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.

When Is It Legal to Download Music, Movies, or Software Via Torrents on the Internet?

  March 26, 2015     By
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: Understanding the Basics

  March 24, 2015     By Jurado & Farshchian, P.L.
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.

Cottage Food Operations under the California Homemade Food Act

  March 23, 2015     By The Law Offices of R. Sebastian Gibson
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.

How Much Should You Pay for a Patent Application in Chile?

  March 13, 2015     By B&R Latin America IP LLC
Despite slight increases in Official Fees, Chile continues to be cheaper than the average of the region.

New Procedures in the Trademark Registration Process in Argentina

  March 13, 2015     By B&R Latin America IP LLC
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 Database is Now Functioning

  March 13, 2015     By B&R Latin America IP LLC
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 Colombian Patent and Trademark Office: Steps Towards the Future

  March 13, 2015     By B&R Latin America IP LLC
The launch of the new software Sword (SIC) in April 2015.

A Game of Numbers: Numerals as Trademarks in Chile

  March 13, 2015     By B&R Latin America IP LLC
Each country holds different criteria on the registration of numbers.

Now it’s Possible to Have a Brand Color in Colombia

  March 13, 2015     By B&R Latin America IP LLC
Colombia protects the color of their brands.

Protect Your Inventions before it is too Late in Colombia and Chile

  March 13, 2015     By B&R Latin America IP LLC
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.

Impressive Achievements for Peruvian IP

  March 13, 2015     By B&R Latin America IP LLC
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.

New Regulation for Patent Priorities Uruguay

  March 13, 2015     By B&R Latin America IP LLC
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.

Intellectual Property Issues in 3D Printing

  March 10, 2015     By Angela Wang & Co.
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.

Rapidly Developing Information and Communication Technology (ICT) Market in Turkey

  March 6, 2015     By Herdem Attorneys at Law
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.

Design Laws Improve in Singapore

  March 2, 2015     By Mirandah Asia
The Intellectual Property Office of Singapore (IPOS) takes another step towards enhancing and strengthening Singapore’s Intellectual Property (IP) system.

The Protection of Brands in the Modern World

  March 2, 2015     By MMLC Group
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.

China’s Data Privacy Protection Comes of Age

  March 1, 2015     By MMLC Group
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.

Trademark Law and Copyright Law - Their Use by Celebrities

  February 28, 2015     By The Law Offices of R. Sebastian Gibson
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.

Cyberspace posing challenges to legal framework

  February 22, 2015     By Youssry Saleh Law Firm
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.

Better Protection for Trade Secrets in the EU

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 Plant Varieties Protection Act Expands Reach

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.

Issues concerning Remedies for Preemptive Trademark Registration

  By MMLC Group
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.

Eurasian Patent: Special Requirements

  By IPStyle
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.

Disclosures During Patent Litigation: To Request or Not To Request?

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).

Industrial Design Rights in Turkish Legal System

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 Rights in Turkish Legal System

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 Rights in Turkish Legal System

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.

Patent Rights in Turkish Legal System

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.

China's MIIT Issues New Draft Intellectual Property Template

  By MMLC Group
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.

Satire and Parody, Publishing Law in California and England

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.

Publicity Rights and The Right of Privacy, California Entertainment Law

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.

How An Experienced Lawyer Can Protect A Comic Book Creator And Writer in California

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.

The Puzzle of Common “P” in Singapore

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 Substantive Infringement Doctrine – New Guidelines

Israel's Supreme Court provides new guidelines relating to the Substantive Infringement Doctrine in Israel.

Patent Enforcement and Litigation in Israeli Court Proceedings

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.

Innocent Infringer Trademark Defense in Israel?

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.

Parallel Import in Israel

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.

China's New Dedicated IP Courts

  By MMLC Group
A look at the new IP courts that have been set up in China.

China's First-to-File Trademark System

  By MMLC Group
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.

General Overview of Russian Copyright Law

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").

Russian Copyright Law: Transfer of Exclusive Rights

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).

Patentability of Business Methods in Ukraine

  By IPStyle
In different countries Patentability of business methods has always been the subject of controversy. Ukraine is not exception of this rule.

New Developments To Russian Personal Data Law

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").

Malaysia – Novelty Test Clarified by Court of Appeal

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 [2011] 4 CLJ.

Singapore and EPO sign Patent Prosecution Highway, Effective January 2015

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 Amends Copyright Laws

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.

Passing Off: What’s in a Name?

Commercial disputes increasingly involve copyright and patent issues, reflecting the high value attached to the intellectual property of a business.

Brief Overview of Trademark Refusal in China

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.

Changes in Official Fees for Industrial Property Related Matters in the Republic of Uzbekistan

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

Intellectual Property Rights in the Turkish Defense Industry

The intellectual property rights (IP) are conceptually is linked to both intellectual and industrial rights in Turkish legislation.

Court Practice in Violation of the Plant Varieties Rights in the Ukraine

  By IPStyle
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.

Secret Designs in the Philippines

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.

SEIKO... SEIKI... Say What? The Likelihood of Confusion in Singapore

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.

Statutory Liquidated Damages for IP Infringement in Israel

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.

The Sweet Taste of “Mango” is Not for Everyone

“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 as Collateral for Singapore Companies

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.

Landmark Decision on Determining Statutory Damages in Singapore

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.

Trademark Registration by Distributors in the Ukraine

  By IPStyle
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.

Intellectual Property Law: Defense Against Product Piracy

Plagiarism is widespread and can be found in almost all business fields. There are legal remedies for defending oneself against product piracy.

Trademark Use Requirement According to Ukrainian Legislation

  By IPStyle
If you have decided to register trademark in Ukraine, here are some general tips which you have to consider while achieving this point.

Licensing Agreement: Granting And Acquiring Usage Rights

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 Take Bizarre Forms

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?

New Legislation in Crimea - What Will Happen with IP in Russia?

  By IPStyle
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.

Trademark Law: Trademarks Represent Considerable Value

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.

China's Patent Law and the Pharmaceutical Industry

  By MMLC Group
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.

Colur, my Colour - Registration of Colour Marks, a Global Overview

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.

China Decides to Establish Intellectual Property Rights Courts

  By MMLC Group
There has been a recent decision issued in China, regarding the establishment of dedicated IP courts in Beijing, Shanghai and Guangzhou.

Chinese Trademark Office Issues Announcement on Multi-Class Trademark Applications

  By MMLC Group
There are various clarifications made by the Chinese Trademark Office in relation to the filing and prosecution of multi-class trademark applications in China.

Coffee Wars Brewing in Thailand

Brothers, Damrong and Damras Maslae, are owners and operators of a Bangkok coffee cart called Starbung Coffee.

Philippines: Building Façade Denied Registration

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.

Fiiing an Industrial Design Application in Hong Kong

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.

Filing a Short-Term Patent Application in Hong Kong

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.

Guidance of Standard Patent Application in Hong Kong

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.

Trademark Registration in Hong Kong

Hong Kong as the special administrative region has his 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.

Frequently Asked Questions About Trademark Filing in Hong Kong

Hong Kong as the special administrative region has his 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.

China Trademark Law - Non-use Cancellation Actions

  By MMLC Group
Almost all the jurisdictions allow non-use cancellation actions. Most of them, for example Austria, Argentina, Egypt, Italy, etc, allow challenging trademark registration on non-use grounds where the trademark has not been used for five consecutive years. A five-year non-use grace period exists in practically all European countries. Whist some other jurisdictions provide for a shorter non-use grace period – of three consecutive years, such as China, USA etc.

China's SAIC Looks at Abuses of IP Rights to Eliminate or Restrict Competition

  By MMLC Group
On June 11, 2014, the State Administration of Industry and Commerce (“SAIC”) published a draft of Rules of the Administration for Industry and Commerce on Prohibition of Abusing Intellectual Property Rights to Eliminate or Restrict Competition (“the drafted Rules”) to solicit public opinions.

New Chinese Provisions on Well-Known Trademarks Become Effective

  By MMLC Group
Examining the new Chinese regulations that deal with the determination of well-known trademarks. The new regulations are a welcome development and brings China into line with many more developed nations.

Trade-Marks Revisited: Canada is Changing its Registration System

Canada’s trade-mark laws are expected to undergo extensive and significant amendments over the next 12 -24 months. Parliament recently passed legislation to implement the Nice Agreement, the Singapore Treaty and the Madrid Protocol. Implementation is suspended until new regulations are ready.

Arrest of Ships in Accordance with Libyan Law

Libya is largely dependent on imports, consisting mainly of industrial and food commodities. Libya’s biggest trading partner is the European Union and Italy leads with 30% of Libyan imports. This significance of the Libya/EU trade-link across the Mediterranean is undisputed as the seaports of Libya are invigorating their connections to the southern European seaports.

Design Infringement Claim Backfires in Malaysia

In a court action between Tropicana Products, Inc. (“Tropicana”) and the F&N companies (Fraser and Neave, Limited and its subsidiaries, F&N Diaries (M) Sdn Bhd and F&N Beverages Manufacturing Sdn Bhd) (“F&N” collectively), the Court of Appeals in Malaysia (“Appeals Court”) reversed the decision of the Kuala Lumpur High Court (“High Court”) granting Tropicana’s infringement claims and further revoking F&N’s industrial design registrations.

Incense Design Registrations Burn Up in Smoke

In the cases of Koay Kar Kheng v Rong Qiang Incense (M) Sdn Bhd and Koay Kar Kheng v Seong Loong (M) Sdn Bhd, the High Court of Malaya (“High Court”) revoked and expunged two (2) industrial design registrations, bearing designs of incense products registered under Class 99, from the Register of Industrial Designs due to lack of novelty over prior designs already disclosed to the public before the respective priority dates of the industrial design registrations.

Vietnam and Philippines Keeps Persistent Fight Against IPR Violators

The office of the United States Trade Representative (USTR) annually prepares the ‘Special 301 Report’ which identifies countries that do not provide adequate and effective protection of Intellectual Property Rights and pose trade barriers to US companies and products.The report contains countries considered to be providing inadequate and ineffective protection and the list of countries are categorized as ‘Priority Foreign Countries,’ ‘Priority Watch List,’ or ‘Watch List.’

Why Small Businesses Should Consider China Trademark Registration

The recent troubles facing Tesla’s expansion into China, particularly the trademark of its name and it’s Chinese version TeSiLa should be paid close attention to especially by small businesses.

Protection of Domain Name As A Trademark

There is an ever-growing need for obtaining well-rounded protection to the internet domain names, like the protection enjoyed by the trademarks and service marks. Today, the internet domain names have also become business identifier and promoter, as the internet has emerged out as a globally popular platform for accelerated flow of all sorts of business information related with all economic sectors. Efforts of ICANN and WIPO in this direction have also been described.

China's Plant Variety Rights Legislation

  By MMLC Group
The coverage provided by China's Plant Variety Rights Law and associated regulations.

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