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IP Analysts

Defining Patent Utility: Potential of a Patent or Commercial Viability of the Patented Product?

Defining Patent Utility: Potential of a Patent or Commercial Viability of the Patented Product?

06 January 2016

How much utility is sufficient to satisfy patent law requirements?

Different Rights, Different Causes of Action

Different Rights, Different Causes of Action

06 January 2016

Malaysia's Federal Court recently, in the case between the National Sports Council (NSC) and Mesuma Sports Sdn Bhd (Mesuma), clarified the position as regards the requisites needed in determining the common law ownership rights in source identifiers.

Exclusive License Patentee Receiving No Royalties Found to Have No Standing in Patent Infringement Case

Exclusive License Patentee Receiving No Royalties Found to Have No Standing in Patent Infringement C...

06 January 2016

Patentees must receive royalties to sue for infringement.

Fallout from the 'Reasonable Certainty' Standard for Indefiniteness

Fallout from the 'Reasonable Certainty' Standard for Indefiniteness

06 January 2016

Well-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...

Understanding Patent Abandonment Rules in Indonesia

Understanding Patent Abandonment Rules in Indonesia

16 December 2015

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...

Anton Piller Orders: Safeguards to Prevent Excesses

Anton Piller Orders: Safeguards to Prevent Excesses

16 December 2015

Anime, Manga, and the Trans- Pacific Partnership: Will Fan Works Be Spirited Away by TPP Copyright Restrictions?

Anime, Manga, and the Trans- Pacific Partnership: Will Fan Works Be Spirited Away by TPP Copyright R...

16 December 2015

Arguably, the anime and manga industry is itself borne of copyright infringement: fans mash-up anime images with music in elaborate videos; trade in ad hoc translations; create unlicensed fanart; and dress up for live action cosplay. A thriving douji...

Indonesia: Nakamichi Evens the Score Against Infringers

Indonesia: Nakamichi Evens the Score Against Infringers

24 November 2015

Andy 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...

AFCP 2.0 Worth Considering

AFCP 2.0 Worth Considering

24 November 2015

For many applicants, after-final practice is one of the most confusing aspects of the patent prosecution process. Once a final office action has been issued, examiners have a great deal of discretion regarding whether to grant interviews, consider an...

The Philippines: Kawasaki Failed to Uphold Rights over Motorcycle Design

The Philippines: Kawasaki Failed to Uphold Rights over Motorcycle Design

15 October 2015

Industrial design infringement and unfair competition complaints dismissed.

Commercial Courts in India

Commercial Courts in India

15 October 2015

Automobile Component Parts: Registrable Design or Not?

Automobile Component Parts: Registrable Design or Not?

15 October 2015

Can component parts be IP-protected?

Singapore “Star” Wars: Converse v. Jazz [2015] SGIPOS 11

Singapore “Star” Wars: Converse v. Jazz [2015] SGIPOS 11

22 September 2015

What’s in a Colour? Deere & Co. & Anr. v. S. Harcharan Singh & Ors

What’s in a Colour? Deere & Co. & Anr. v. S. Harcharan Singh & Ors

22 September 2015

Consideration of Prior Art at the USPTO After a Patent Has Issued

Consideration of Prior Art at the USPTO After a Patent Has Issued

22 September 2015