Intellectual Property Law Articles

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




Brief Overview of Trademark Refusal in China

  October 28, 2014     By Borsam Intellectual Property
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

  October 27, 2014     By Legalmax Law firm
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

  October 24, 2014     By Herdem Attorneys at Law
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

  October 23, 2014     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 infrigment can be protected by court.

Secret Designs in the Philippines

  October 21, 2014     By Patrick Mirandah Co.
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

  October 21, 2014     By Patrick Mirandah Co.
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

  October 19, 2014     By Reif & Reif, Law Offices and Notary
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

  October 15, 2014     By Patrick Mirandah Co.
“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

  October 15, 2014     By Patrick Mirandah Co.
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

  October 15, 2014     By Patrick Mirandah Co.
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

  October 15, 2014     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

  October 13, 2014     By GRP Rainer LLP
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

  October 6, 2014     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

  September 24, 2014     By GRP Rainer LLP
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

  September 19, 2014     By GRP Rainer LLP
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?

  September 17, 2014     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

  September 12, 2014     By GRP Rainer LLP
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

  September 10, 2014     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

  September 6, 2014     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.

China Decides to Establish Intellectual Property Rights Courts

  September 3, 2014     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

  August 29, 2014     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

  August 26, 2014     By Patrick Mirandah Co.
Brothers, Damrong and Damras Maslae, are owners and operators of a Bangkok coffee cart called Starbung Coffee.

Philippines: Building Façade Denied Registration

  August 26, 2014     By Patrick Mirandah Co.
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

  August 26, 2014     By Borsam Intellectual Property
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

  August 25, 2014     By Borsam Intellectual Property
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

  August 25, 2014     By Borsam Intellectual Property
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

  August 25, 2014     By Borsam Intellectual Property
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

  August 25, 2014     By Borsam Intellectual Property
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

  August 20, 2014     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

  August 15, 2014     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

  August 13, 2014     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

  August 12, 2014     By Ballagh & Edward LLP
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

  August 8, 2014     By Karbal & Co.
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.

Registration and Protection of Trademarks in India and Abroad

All about trademarks and service marks, and registration and protection of these in India, and in countries worldwide. A special and exclusive section is provided over registration of trademarks in India, including the registration process, and the up-to-date provisions in the Trade Marks Act of 1999, and the Trade Marks Rules of 2002. International Treaties like the TRIPS Agreement, Berne Convention, Madrid Protocol, & CTM,are also described briefly.

Understanding Trademark Infringement

Trademark infringement can be a serious issue, especially if you run a small business that depends on various distribution channels. Do you understand how the laws could affect you?

Entering Azerbaijani Market: Franchising and Distribution

In this note we provide general information about some of the legal issues that a foreign franchisor or supplier (in distribution agreements) should consider when entering Azerbaijani market.

Court Rules Copyright Ownership Can Be Transferred Using Electronic Signature

In a matter of first impression, the Fourth Circuit Court of Appeals recently ruled that an electronic signature can create a legally binding agreement to transfer copyright ownership. The decision relied on the federal E-Sign Act of 2000, which clarified that contracts cannot be invalidated simply because the signature is in electronic form.

Oracle vs Google – Software Copyright Case

The US Court of Appeals ruled last Monday the 12th of May that software source code can qualify for copyright protection in certain circumstances.

Google Receives Influx of Take-Down Requests

Google has certainly had some experience dealing with take-down requests in the past – primarily dealing with copyright infringing content – but nothing was to prepare it for the overwhelming influx of requests it reportedly received following the ECJ ruling on the subject last week.

Company Formation in Albania - Business Licensing

Foreign nationals are entitled to take up economic activities in Albania as self-employed persons, and to set up undertakings, in particular companies, which they effectively control. Foreign companies can also do business in Albania through setting up subsidiaries and branches.

Entertainment Industry Study Finds Online Piracy Growing

Online copyright infringement shows no signs of slowing down, according to a new study commissioned by NBCUniversal and prepared by NetNames. Among the study’s findings — 432 million unique Internet users explicitly sought infringing content during just one month in 2013.

Two Years Later: Where Does the America Invents Act Stand?

Congress passed the America Invents Act (AIA) roughly two years ago. However, many of the law’s provisions only became effective on March 16, 2013.

Philippines: Non-filing of Declaration of Actual Use is Tantamount to Abandonment of Interest

In a recent decision, the Supreme Court of the Philippines held that a registrant’s failure to file a Declaration of Actual Use (DAU) within the requisite period constituted abandonment or withdrawal of its vested rights in the trademark. Birkenstock Orthopaedie GmbH & Co. KG v. Philippine Shoe Expo Marketing Corp., G.R. No. 194307 (Sup. Ct. Nov. 20, 2013).

UAE Limiting Trademarks Infringements (Part 3)

The United Arab Emirates is regarded as a commercial hub of Middle East, which facilitates in the practice of commercial activities in a lucrative and tax free environment. The legal system endeavors to protect producers and consumers from Trademarks infringement.

UAE Trademarks: Ownership (Part 2)

There is a misconception between people that registering a trademark grants the party a right of ownership. Technically this may be true but it is not the registration that grants an ownership over a trademark, but the use of the trademark.

Court Rules Copyright Ownership Can Be Transferred Using Electronic Signature

In a matter of first impression, the Fourth Circuit Court of Appeals recently ruled that an electronic signature can create a legally binding agreement to transfer copyright ownership. The decision relied on the federal E-Sign Act of 2000, which clarified that contracts cannot be invalidated simply because the signature is in electronic form.

Google Expands Patent Search Tool

Google’s Patent Search engine is a valuable and underutilized tool for inventors and businesses. It allows users to search several patent offices at once for granted patents, published patent applications, and even prior art.

Entertainment Industry Study Finds Online Piracy Growing

Online copyright infringement shows no signs of slowing down, according to a new study commissioned by NBCUniversal and prepared by NetNames. Among the study’s findings — 432 million unique Internet users explicitly sought infringing content during just one month in 2013.

Are You Getting Shortchanged on Patent Royalties?

Licensing intellectual property can be a lucrative stream of revenue. However, businesses need to have procedures in place to ensure accurate reporting and royalty payments.

The Margins of Discretion in Singapore

The recent decision by the Intellectual Property Office of Singapore (IPOS) between V Hotel and Jelco Properties concerning an Application for Restoration of Trademark Application and Request for Extension of Time (EOT), shows that IPOS continues to take a stringent position with regard to procedural defaults such as an attorney’s delay in responding to IPOS within the deadline.

No Time Relevance For Community Trademark Prioritization

When the priority of a community trademark over a national trade mark is in question, then the day of registration is relevant and not the specific time. The exact time of the brand registration shouldn’t be considered.

MLK’s Historic Speech Protected by Copyright

If you watched coverage of the 50th anniversary of Martin Luther King’s “I Have a Dream” speech, you may have noticed that very few programs aired the speech in its entirety. That is because King’s remarks are protected by copyright until 2038.

US Fishing Tackle Company Obtains Second Positive Annulment Decision

US company Pure Fishing Inc, the owner of worldwide-known fishing tackle brands, has obtained a positive decision in a second annulment action brought against local company SC Chen Yang 2000 SRL.

Trademark Infringement

The following article discusses the basics of trademark infringement in the United States.

What makes a Lawyer Websites Effective?

If you have an existing website, or strategy to establish one in the near future, it's important to comprehend the characteristics that can make or break the efficiency of your online financial investment. An unappealing or badly constructed site will do more to hurt your business than to help it. In this article, we look at the basic elements associated with making a website effective.

Judge Rules Apple and Samsung Do Not Have to Disclose Profits in Patent Litigation

If you were hoping the epic battle between Apple Inc. and Samsung Electronics Co. would result in the release of some juicy inside information, you will be disappointed. The Federal U.S. Circuit Court of Appeals recently ruled that the tech giants do not have to reveal confidential profit and sales information.

Introduction to Trademarks in the UAE (Part 1)

Trademark has a major value for any business, and one of the primary concerns of any well established or successful business man. Therefore at the beginning we must clarify what a Trademark is, its importance, and how the law protects its owner, and the legal procedures to register a trademark.

Chinese Legislature Passes Trademark Law Amendments

The Chinese legislature recently passed comprehensive reforms to the country’s trademark laws. The changes should make it easier for U.S. businesses to protect their brands.

Battle of the Famous Mark “LEXUS” in Hong Kong

On 19 March 2014, the Registrar of Trade Marks in Hong Kong dismissed the opposition application by the owner of well known automobile maker “LEXUS” against a Malaysian biscuit brand also named “LEXUS”. The latter mark was filed as a series of two marks by Munchy Food Industries Sdn Bhd (“Munchy”). This decision is highly significant to well known trademark owners and the Registrar’s detailed reasoning will likely be followed in future similar opposition cases.

Harvard Professor Fires Back Against Copyright Infringement Claims

Harvard University Law Professor Lawrence Lessig is fighting back against allegations that his online lecture posted on YouTube violates the copyright to a French pop song. Fittingly, Lessig is a respected expert on law and technology as well as an advocate for less restrictive copyright laws.

Internet Enables Thieves to Steal $4 Billion in Tax Refunds

Criminals are utilizing their Internet connection to file false tax returns that help them steal refunds from the innocent. In 2013, fraudulent returns saw almost $4 billion sent into the hands of scam artists. Making things worse is the fact that the Internal Revenue Service is having a hard time stopping the fraud from happening in the first place.

Infringement of the Intellectual Property Rights (Trademark, Copyright and Patent) in Pakistan

Pakistan penal code provides Sections 478 to 489 in relation to the infringement of registered Trade Mark before the trial by the Magistrate 1st Class Schedule II of Cr.P.C. Has enlisted all offenses as bailable and non-cognizable.

Copyright FAQ: What is Considered Fair Use?

When deciding whether you can use someone else’s work without permission, there are a number of factors that must be taken into consideration. One of the most important limitations to copyright protection is the doctrine of fair use.

Are You Getting Shortchanged on Patent Royalties?

Licensing intellectual property can be a lucrative stream of revenue. However, businesses need to have procedures in place to ensure accurate reporting and royalty payments.

GAO Reports Sheds Light on Impact of NPEs

The U.S. Government Accountability Office recently released a report on the impact of non-practicing entities (NPEs). The findings debunk many of the criticisms waged against so-called “patent trolls.”

Key Changes to China Trademark Law and Practice

  By MMLC Group
From 1 May 2014, the new China trademark law will commence operation. The new law differs in key aspects to the old law, and trademark registration practice will also differ greatly. This article looks at the key changes that all trademark lawyers and owners need to be aware of.

Presidential Hopefuls Taking Heat for Possible Copyright Infringement

Every election season, at least one of the candidates seems to end up in legal hot water over music used by the campaign. in 2012, it was Newt Gingrich. He is facing a copyright infringement lawsuit for his use of the Rocky III theme song, "Eye of the Tiger."

The Fage Greek Yoghurt Case

The world renowned manufacturer of Greek Yoghurt, FAGE, has recently won an ‘extended passing-off’ case against Chobani UK Limited and Chobani, Inc in the United Kingdom. Interestingly, an extended passing-off claim, unlike a classic passing-off claim, may be brought by one or more members of a class of traders which share the collective goodwill in a mark.

Sino Legend Prevails in Business Secret Fight

The U.S. International Trade Commission (ITC) recently issued a substantial modification to its initial determination in the Sino Legend (Zhangjiagang) Chemical Co., Ltd. and SI Group Inc. intellectual property case. The Commission ruled that the majority of SI Group’s alleged business secrets are not protectable. The ITC also struck down the originally recommended general exclusion order.

Green Technology Pilot Program Marks 500th Patent

The United States Patent and Trademark Office (USPTO) recently announced that it has issued the 500th patent through its Green Technology Pilot Program. Under the patent program, applications involving reduced greenhouse gas emissions, energy conservation, and environmental quality are eligible for accelerated review at no cost to the inventor.

A Call for Big Patent Changes

Federal Judge Richard Posner recently dismissed the high-profile intellectual property litigation between Apple and Motorola, after determining that neither side could prove damages.

Imitation Protection Of Internet Sites By Copyright Law

The operator of an Internet address has, as a rule, a special interest in the protection of his advertising appearance on the Internet against imitation. However, such a protection, from the copyright law, is guaranteed only up to a certain creation/design point.

Requirements for Registration of Local Trademark in Albania

In case foreign entities wish to file a trademark in Albania they can do so only through an authorized local trademark agent registered with the Albanian Patent and Trademark Office.

The EU Court Rules Linking to Free Web Content is Legal

Last month the European Court ruled that websites can link to freely available content without the permission of the copyright holder.

Are Neutral Experts the Key to Complicated IP Litigation?

Judge Richard Posner is taking a novel approach to the upcoming patent litigation between Apple and Motorola. He is using court-appointed witnesses to explain complicated subject matter.

What Does Neil Young Have Against MP3s? Rock Legend Seeks Trademark for New Audio Format

Legendary rocker Neil Young reportedly does not like how his songs currently sound on his iPod. To remedy the problem, he is working on a new, high-resolution audio format to replace MP3s, as evidenced by several trademarks applications recently filed on his behalf.

USPTO Issues Guidance to Patent Examiner in Wake of Prometheus Decision

The U.S. Patent and Trademark Office issued a memorandum to its patent examiners regarding the Supreme Court’s recent decision in Mayo Collaborative Services v. Prometheus Laboratories, Inc. The memorandum provides preliminary guidance to the Patent Examining Corps. in light of the Court’s decision, and also indicates that further guidance will be forthcoming.

Has Louis Vuitton Gone Too Far to Protect Its Trademark?

The intellectual property world is buzzing about the trademark dispute brewing between luxury brand Louis Vuitton and University of Pennsylvania Law School. Louis Vuitton recently sent a strongly worded cease and desist letter demanding that the school remove posters advertising the Pennsylvania Intellectual Property Group’s (PIRG) annual symposium on fashion law because the posters "misappropriated and modified" Vuitton's trademarked monogram design.

Fictitious Licence Fee In Case Of Unauthorized Publication Of Photos – Copyright Law

If photos are published without authorization, this is a violation of the right of owning one’s own image. The persons depicted are entitled to receive payment of a licence fee.

Vesting of Contingent Compensation in Pay or Played Television Director Agreement

One of the issues in negotiating director agreements in television is whether contingent compensation provision applies in situations where a director is pay or played off a film. The question becomes will the director be entitled to any portion of the negotiated contingent compensation since she has been terminated and is no longer with the project.

U.S. Gymnasts Are Not the First “Fab Five”

If the U.S. women’s Olympic team wants to capitalize on their gold medal win, they may need to hire an experienced trademark attorney. The group’s famous nickname—the Fab Five—is already trademarked by NBA player Jalen Rose.

KU DE TA Keeps Name in Singapore

In Guy Neale and others v Nine Squares, the Singapore High Court dismissed a trade mark invalidation suit and passing off claim and confirmed the requisite attributes for the establishment of goodwill.

South East Asia is Fertile Ground for Intellectual Property Recognisance and Growth

In 2013, several Southeast-Asian countries including Malaysia, Philippines and Singapore have seen some significant development in their respective Intellectual Property regime.

China Leads the World in Patent Filing

China was the world’s top patent filer for 2011, according to a new Thompson Reuters report. The significant uptick is attributed to the country’s desire to transform from a "made in China" to a "designed in China" market.

Copyright FAQ: What Is a “Useful Article?”

In a recent copyright infringement case involving Batman’s famous ride, the Batmobile, a U.S. federal judge ruled that the famous car was protected under the Copyright Act because it possessed non-functional artistic elements that could be separated from the utilitarian aspect of the automobile.

Employment Law in Israel

Significant Issues in Employment Law in Israel

Key Issues Regarding the Third amendment to PRC Trademark Law

On August 30, 2013, the Standing Committee of the National People’s Congress issued the Third Amendment to PRC Trademark Law (the "Amendment"). The new Trademark Law based on this Amendment will enter into force on May 1, 2014. In general, the Amendment improves the legal framework regarding critical issues such as trademark application, review and opposition, trademark use, assignment and extension, trademark infringement and punishment, etc.

Singapore’s Apex Court Develops and Clarifies the Law of Trademarks

2013 has been a progressive year for Singapore as 3 Court of Appeal decisions have been handed down in relation to the law on trademarks and the tort of passing off.

Patent FAQ: Is My Invention Patentable?

A patent is a valuable property right because it excludes others from “making, using, offering for sale, or selling your invention throughout the United States or importing the invention into the United States” for a certain period of time. However, before embarking on the patent process, the first step is determine if your invention can indeed be patented.

Rock Legend Seeks Trademark for New Audio Format

What Does Neil Young Have Against MP3s? Legendary rocker Neil Young reportedly does not like how his songs currently sound on his iPod. To remedy the problem, he is working on a new, high-resolution audio format to replace MP3s, as evidenced by several trademarks applications recently filed on his behalf.

Strong v. Weak Trademarks: How to Tell the Difference

Strong trademarks are so distinctive that it is easy to prevent a third-party from using the mark. It is subsequently less difficult to both register and defend these trademarks. In contrast, “weak” trademarks are often descriptive and/or already used by others to describe their goods or services. As a result, weak trademarks are difficult to legally protect.

Fair Use in Trademarks

Unlike copyrights, the defense of fair use in trademark law is relatively new and not as developed.

Birkenstock prevails and steps on competition

The Philippines Supreme Court was once again confronted with the issue on ownership of trademark in its recently decided case of Birkenstock Orthopaedie GMBH and Co. KG vs. Philippine Shoe Expo Marketing Corporation (G.R. No. 194307, November 20, 2013).

9th Circuit Court of Appeals to Decide a Major Occupational Licensing Case

Appeals lawyers assess Underwood v. Mackay - whether occupational licensing applicants must submit to all licensing procedures and be denied a license before they can challenge the constitutionality of those procedures in court.


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