Intellectual Property Law Articles
Articles written by attorneys and experts worldwide
discussing legal aspects related to Intellectual Property.
February 4, 2016 By LPA Law Firm
There are no specialised courts in Albania dealing with IPR infringements. Interested parties should address their claim to the Commercial Section of the First Instance Court of Tirana.
February 4, 2016 By Summerfield Browne Solicitors
Are you being threatened with a patent infringement claim in the UK? If so, we consider how to respond to such a claim including analysing possible defences to the claim.
February 4, 2016 By Pardini & Associates
Such rules shall not be applicable to natural or legal persons which income is exempted by reason of treaties, law-contracts or special laws such as multinationals registered under the multinational headquarters regime.
February 2, 2016 By Mariscal Abogados
A trade mark is a distinctive sign indicating products and services. Registration confers an exploitation monopoly to the depositor who can prohibit use of his or her distinctive sign by any third party. To protect his or her brand is essential; it prevents a third party from taking advantage of efforts invested in the product or service. In Spain, rights in trademarks are acquired with registration. A trademark is protected for ten years and is renewable infinitely.
January 31, 2016 By Agnihotri & Jha Associates
A detailed analysis on cases that outlines the importance of compulsory license in India and clear the myths surrounding it.
January 28, 2016 By Krasimira Kadieva
According to Article 9, paragraph 1 of the Law on Trademarks and Geographical Indications, trademark is a graphically represented sign used to identify and distinguish the goods of one manufacturer or seller from those of another. Such signs may be words, including names of persons; letters; numerals; drawings; figures; the shape of goods or of their packaging; combination of colors; sound signals or any combination of such signs.
Actions that Should be Taken by Trademark Owners for the Successful Protection of their Trademarks in Bulgaria
January 27, 2016 By Krasimira Kadieva
What actions trademark owners should take for the successful protection of their trademarks over the years. It is important to be noted that the present material reflects the applicable Bulgarian legislation.
January 25, 2016 By Krasimira Kadieva
Ideas for applicants who want to file an application for registration of a trademark in Bulgaria, and which are the most important actions that should be taken prior filing of the application.
January 22, 2016 By Krasimira Kadieva
It is important to be noted that the present material reflects the applicable Bulgarian legislation. This article describes why trademark monitoring is an important preventive tool, which every owner of a trademark is advised to use and which Bulletins should be monitored.
January 22, 2016 By Krasimira Kadieva
Why it is important a preliminary trademark search to be performed.
January 21, 2016 By Mirandah Asia
When a patent owner desires to abandon a patent, usually they simply do so by non-action, i.e. by stopping payment of the annuity fees. However, the same may not be true in Indonesia, and this has now become one of the most debated subjects among IP practitioners in this territory.
January 20, 2016 By Krasimira Kadieva
A detailed description of the trademarks registration procedure in Bulgaria.
January 20, 2016 By Law Desk India
Indian trademark law adopts a cogent approach in dealing with the identification, granting and executing well known Trademark. The Indian Trademark takes a comprehensive approach in its efforts to segregate marks into well known Trademarks and normal Trademarks. The backdrop of the proposed amendments to the Trademark law of India which would be discussed in detail in the remainder of this discussion.
January 18, 2016 By Law Desk India
Section 61 of the Indian Trademarks act 1999 defines collective mark in India context. These clauses contain the provisions relating to the registration of collective trademarks which are new. These provisions provide for the registration of a trademark which belongs to a group or association of persons and the use thereof is reserved for members of the group or association of persons
January 16, 2016 By Law Desk India
The definition of Infringement of a registered trademark is given in Indian Trademarks Act of 1999, section 29 whereby, a registered trademark is said to be infringed by any person, who not being the registered proprietor of the Mark or being a person authorized by the owner for its use (registered user), uses in the course of trade, a mark which is identical with, or deceptively similar to the mark in relation to goods and services in respect of which the trademark is registered.
December 30, 2015 By Law Office of Vasilios Peros, P.C.
Technological advancements in social media sites and website development tools have allowed users to easily share and discuss articles and photographs across the globe. In parallel with these technological developments, various organizations have sprung up that claim to represent owners of these shared photographs. These organizations send a letter and make an excessive copyright demand. Users must understand their rights before deciding whether to succumb to such excessive demands.
December 21, 2015 By Legalmax Law firm
Issues related to the protection of the rights of brand-name drug patent holders in connection with generic drugs registration by other manufacturers.
December 21, 2015 By B&R Latin America IP LLC
Revolutionary changes will be implemented in the administrative software that is in charge of the distinctive signs in the Superintendence of Industry and commerce (SIC), Colombia’s trademark authority.
December 19, 2015 By B&R Latin America IP LLC
There is a fast, efficient and economical way to file an application for a patent that is already register in another country, using the Patent Prosecution Highway (PPH).
December 18, 2015 By B&R Latin America IP LLC
When we think about the economic development of Colombia we have to consider the importance of the biological diversity that this country has and the need to manage it in a sustainable and balanced way in the light of the needs of today's world.
December 17, 2015 By CLO - Legal Solutions
Starting from December 29th, 2015 functions of National Registration Center and National Licensing Center in Albania shall be unified in one single entity.
December 18, 2015 By Agnihotri & Jha Associates
"There are many harsh lessons to be learned from the gambling experience, but the harshest one of all is the difference between having Fun and being Smart." -Hunter S. Thompson
December 11, 2015 By GRP Rainer LLP
The Bundesgerichtshof (BGH) [German Federal Court of Justice] ruled in three separate cases on November 5, 2015 that it is possible for unlawful advertising alone to constitute an infringement of copyright law.
November 29, 2015 By Legalmax Law firm
Foreign manufacturers and brand owners as well as Uzbekistan-based official or exclusive importers of branded goods are facing pressing challenges in connection with promoting their proprietary products, protecting their reputation and image, and dealing with counterfeiting and pricing strategies of unscrupulous competitors.
November 29, 2015 By GRP Rainer LLP
In its judgment of September 23, 2015, the BGH (German Federal Court of Justice) ruled in a legal dispute involving trademark law in favour of chocolate teddies, which were said not to have infringed the rights associated with the wordmark “Goldbären” (gold bears) (Az.: I ZR 105/14).
November 25, 2015 By GRP Rainer LLP
In its judgment of June 16, 2015, the OLG Hamm (Higher Regional Court of Hamm) ruled in favour of the French manufacturer of the original handbags in a case concerning trademark law (Az.: 4 U 32/14).
November 25, 2015 By Agnihotri & Jha Associates
An intellectual property portfolio is a collection of IP assets belonging to a business or an enterprise. Trademark is the essence of products and services. A Trademark Portfolio comprises of registered trademarks and service marks, as well as marks that are in use or proposed to be used. The Intellectual Property is intangible, yet it is easy to copy.
November 23, 2015 By Lewandowski Gradek Lewandowska IPLaw Office
Similarly to prior years, we have a beautiful Indian summer in Poland which brings changes to our copyright law. On the 11th September 2015, the Polish Parliament passed a new legal act, which introduces some significant changes into the Polish Copyright Act. Some of them, were required by the European law; other ones were intended to meet expectations of members of the Polish domestic legal market. This article will present the most notable, newly introduced, amendments.
November 17, 2015 By CSB Advocates
One may question whether athletes would be able to claim copyright on their performance. It is well known that artists are able to do so and in fact do claim copyright on their work, such as song writing.
Singapore has begun operations as ASEAN's first International Patent Search and Examination Authority under the Patent Cooperation Treaty (PCT) on 1 September 2015. With its appointment in 2014, Singapore becomes the first country in the ASEAN region as well as the fifth country in Asia after China, Japan, India, and Korea to join the 19 Intellectual Property Offices worldwide as International Authorities for the PCT.
In accordance with prevailing legal regulations at Article 200, IP Law of Vietnam governing authority for dealing with acts of infringement of Intellectual Property rights, the following bodies shall, within the scope of their respective duties and powers, have authority to deal with acts of infringement of Intellectual Property rights: courts, inspectorates, market management offices, customs offices, police offices and people's committees at all levels.
This was a trade mark opposition before the Intellectual Property Office of Singapore, by The Polo/Lauren Company LP (‘PLC’), in relation to Singapore trademark application no. T1215440A in Class 09 [for eyewear; ophthalmic eyewear frames; reading glasses; sunglasses; eyeglass cases and covers; sun visors (eyewear)] (‘Application Mark’) filed by United States Polo Association ('USPA’).
As many people know, once information is on the Internet, it can stay there forever. However, some individuals have a legitimate interest in having certain information removed from the Internet, so they may pursue doing this through Google, the largest search engine at the time of publication. There is a certain process that individuals must usually follow in order to effectuate this, and Google does not guarantee that all unfavorable information will be removed.
A recent case involving the Scotch Whisky trademark and counterfeit bottle caps, has allowed a Chinese court to exhibit a more flexible approach in dealing with infringing/counterfeiting activities in China. Such an approach could allow IP owners to crack down on cross-border counterfeiting much more effectively.
Protecting inventions can be a key component in building a successful business. Practical considerations in evaluating a potential patent infringement claim must be provided.
How China is regulating competition law aspects of intellectual property licensing.
The regulations existing in China dealing with online payment systems and related technology.
Be they red, yellow or blue, courts are ever more frequently having to rule on whether a colour is capable of benefiting from trademark protection. The BGH overruled the cancellation of a colour trademark with its decision dated July 9 (I ZB 65/13).
The National Direction of Intellectual Property (DINAPI) of Paraguay has issued a new circular No. 07/2015 to restructure the process of payment of fees for Trademarks renewals and the improvement of their legal services.
Did you know that you can register your name as a trademark in sports? Many athletes know this and they obtain many benefit from this. Radamel Falcao, know as the ¨Tiger¨ or ¨Tigre¨ from Colombia’s soccer team, has a company named, Business Tiger S.A.S., his company manages all the sponsoring contracts and profits that the trademark FALCAO earns. Radamel Falcao had many trademark lawsuits with people that tried to use and register his name without permission.
The Trademark Direction of the National Institute of Industrial Property in Argentina decreed that the trademark fees will rise from October of 2015.
Colours convey a signal to consumers, which is why businesses seek to protect the shades of colour they use and register them as colour trademarks. The scope of the protection afforded by a colour trademark is still in dispute.
In Ship’s Equipment Centre Bremen GmbH v Fuji Trading (Singapore) Pte Ltd and others, the High Court of Singapore ruled in favour of the Defendants refusing to allow the Plaintiff to make post-grant amendments to Singapore Patent SG 110370 (“the Patent”).
On 20 January 2015, Cambodia’s Ministry of Industry and Handicraft (MIH) has entered into an agreement with the Intellectual Property Office of Singapore, committing to recognize patents and industrial designs registered in Singapore.
The contracts that your business has with its landlords, clients, employees, vendors and/or suppliers are the components that help create the framework of your company. Everything your organization does depends on the protection and support of the terms and conditions in its contract (s).
The protection of a work in Spain is now automatic thanks to the agreements concluded between European countries and copyright collecting companies.
Have you Considered Registering a Patent? Here are Some Practical Tips to Consider Before Registering a Patent
Registering a patent can be complex, expensive and can take many years. Below we evaluate what you should be considering before applying to register a patent.
Are you aware that even if you have not registered a trade mark, you may still be able to enforce rights in your trading name or brand name and prevent others from exploiting it? If not, read this article for more information.
The latest in Nestlé’s attempt to trademark its iconic four-finger chocolate is at odds with EU law.
Software patents have been the subject of much debate – not only in the US, but also in Europe. This has been a thorny issue for many years and the future of software patents still remains unknown. At the outset, a breakdown of the differences between patents and copyrights will highlight why the patent is the form of intellectual property which is proving to be the most problematic with regards to software.
Brand identity and protecting it from abuse is key to the success of any business. Guidance on evaluating whether a registered trade mark has been infringed in the United Kingdom.
Innovation in the Kenyan SME sector makes it mandatory for the different players to start thinking about their intellectual property management strategies.
Protecting your business brand identity is very important. This article analyses the legal grounds upon which a trade mark can be registered and the practical procedure for registering a trade mark.
Thanks to the introduction of the European directives, copyright law has been harmonized throughout the European territory, including Spain, and has strengthened legal protection of creators.
A report published by the Office for Harmonization in the Internal Market – ‘Intellectual property rights and firm performance in Europe: an economic analysis’ – sheds light on the link between companies with intellectual property rights and a superior economic position.
Egypt is considered one of the top countries in copyrights infringement. Prior to Revolution of 2011, Egyptian government was focusing on copyrights protection; however, after the Revolution due to the political instability this focus has significantly been reduced.
According to the Trademark Law, where a registered trademark stays unused for three consecutive years without a reasonable reason, any company or individual can file application to cancel the trademark.In this article, we will discuss how a squatted trademark can be cancelled through three years non-use procedure and how the trademark can be re-registered after it is cancelled.
In our experience in dealing with trademark disputes, we have seen frequent occurrence of trademarks squatted by business partners, competitors and even employees due to the delay in filing the same for registration by the clients. After this situation happens, the clients will be eager to know if there is any chance to get back the trademark and in case of legal action, what will be chance for success.
Recent important trademark cases dealt with in China, or touching on Chinese companies.
How designs can be protected under various laws in China, Hong Kong and Australia. These laws include design registration laws, copyright law and unfair competition/passing off.
Venezuela increased its prices on intellectual property.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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”)
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.
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.
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.
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” .
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.
This article looks at Australian competition law issues, as applied to franchise agreements, including plans to extend unfair contract terms legislation.
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.
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.
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.
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.
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.
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.
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.
We register hundreds of trademarks every year and these are the most common questions we get.
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.