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IP Analysts

The Impact of Economic Policies on IP Infrastructure

The Impact of Economic Policies on IP Infrastructure

19 August 2016

On June 23, 2016, the British government voted to leave the European Union (EU). Separately, on February 4, 2016, Malaysia signed the Trans-Pacific Partnership Agreement (TPPA) together with 11 other countries in Auckland. On a regional level, ASEAN...

Move Over! There is Only One Yahoo! In Philippines

Move Over! There is Only One Yahoo! In Philippines

19 May 2016

On November 5, 2015, the Securities and Exchange Commission (SEC) En Banc reversed the ruling of the SEC Office of the General Counsel (OGC) in a dispute involving a registered mark and various infringing corporate names.

The Case of the Trademarks Registry and the Abandoned Trademarks

The Case of the Trademarks Registry and the Abandoned Trademarks

19 May 2016

The curious case of India's abandoned trademark applications.

Beware the Product-by-Process Claim

Beware the Product-by-Process Claim

19 May 2016

Product-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...

Philippine Supreme Court Axes Field Testing of GMO Eggplant

Philippine Supreme Court Axes Field Testing of GMO Eggplant

12 May 2016

The 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...

Drafting the Best Functional Technical Features in China

Drafting the Best Functional Technical Features in China

12 May 2016

When drafting claims of a patent application for an invention, functional technical features are often inevitable or irreplaceable, especially when the invention is partly or completely implemented by computer programs. How to best protect an inventi...

The Artist’s Right to Remuneration – Droit de Suite

The Artist’s Right to Remuneration – Droit de Suite

12 May 2016

What is droit de suite, and how can artists benefit from it?

The Duty of Candor and Good Faith Dealing Not Limited to Disclosing Prior Art

The Duty of Candor and Good Faith Dealing Not Limited to Disclosing Prior Art

12 May 2016

Anyone sufficiently involved with the prosecution of a patent application has a “duty of candor and good faith dealing with the [USPTO], which includes a duty to disclose to the Office all information known to that individual to be material to patent...

Update: Myanmar Trademark Practice

Update: Myanmar Trademark Practice

13 April 2016

With significant changes in the political landscape of Myanmar (also known as Burma), there are similar expectations for corresponding changes in the economic and business practices as well.

Delhi High Court Grants Rs10 Million as Damages Against e-commerce Website

Delhi High Court Grants Rs10 Million as Damages Against e-commerce Website

13 April 2016

Highest damages granted in a trademark suit in India to date.

Correcting Inaccurate Chemical Formulas in Issued Patents Based upon Later Discoveries

Correcting Inaccurate Chemical Formulas in Issued Patents Based upon Later Discoveries

13 April 2016

Nobel laureate Frank Wilczek said, “If you don’t make mistakes, you’re not working on hard enough problems. And that’s a big mistake.” Because inventions often address difficult problems on the forefront of technology, some mistakes are inevitable. F...

ASPEC Enhances Access to ASEAN

ASPEC Enhances Access to ASEAN

07 March 2016

According to statistics, the ASEAN region is the third-largest market and the third-fastest growing region in the world after China and India from 2000 to 2013, with a real gross domestic product (GDP) growth of 5.1%.

Brief Introduction to Application of Doctrine of Estoppel in China

Brief Introduction to Application of Doctrine of Estoppel in China

07 March 2016

Under the doctrine of estoppel (DOE), a patentee may not recapture in patent litigation what was abandoned through either amendment or observation during prosecution or patent invalidation proceedings.

Success Story Turns Bleak for Compulsory License: A Report

Success Story Turns Bleak for Compulsory License: A Report

07 March 2016

What are the compulsory license proceedings of Lee Pharma for saxagliptin?

The Importance of Filing a Patent Owner’s Preliminary Response in an Inter Partes Review

The Importance of Filing a Patent Owner’s Preliminary Response in an Inter Partes Review

07 March 2016

It can be a jarring experience for any US patent owner. One day, out of the clear blue sky, a Petition for Inter Partes Review (IPR) arrives on your desk alleging that at least one of your patent claims is invalid as being anticipated or obvious over...