Sector
Dispute Resolution

Philippine Supreme Court Axes Field Testing of GMO Eggplant
12 May 2016The Supreme Court of the Philippines ruled against conducting field trials of genetically modified eggplant or BT Talong (talong is the Tagalog word for eggplant) as a precautionary measure to protect human health and environment and promote people’s...

Beware the Product-by-Process Claim
19 May 2016Product-by-Process (hereinafter PBP) claims define a product by its method of production. Ex Parte Painter, 57 O.G. 999 (Comm’r Pat. 1891). At its inception, PBP claims were only permitted where the claimed product “resist[ed] definition by other tha...

Fallout from the 'Reasonable Certainty' Standard for Indefiniteness
06 January 2016Well-established law provided that a claim was only invalid on indefiniteness grounds pursuant to 35 U.S.C. § 112, second paragraph, if it was not “amenable to construction” or “insolubly ambiguous.” Exxon Research & Eng’g Co. v. United States, 265 F...

China’s IP Courts Celebrate One Year
16 December 2015It has been a year since China established its three national IP courts. In September, the Supreme Court of China published a collection of 14 key cases from the year. Lily Zhang has chosen three of the cases and spoken to the litigators involved.

Indonesia: Nakamichi Evens the Score Against Infringers
24 November 2015Andy Najanurdin manufactures and trades in fabrics using the Nakamichi brand throughout Indonesia. In 2004, he registered the mark NAKAMICHI under IDM000068148 for goods in Class 24. He has built his reputation over the years by maintaining the excel...