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IP Analysts

Influence of Amendments Under Article 33 for Stability of Patent Rights

Influence of Amendments Under Article 33 for Stability of Patent Rights

13 September 2016

Under the provision of Article 33 of the Patent Law of China, an applicant may amend his or its application for a patent, but the amendment to the application for a patent for invention or utility model may not go beyond the scope of disclosure conta...

Determination of Purely Functional Features for Design in Taiwan

Determination of Purely Functional Features for Design in Taiwan

13 September 2016

A design patent application is subject to substantive examination in Taiwan. Putting it differently, after the design patent application has entered the examination stage, the Taiwan Intellectual Property Office (TIPO) conducts the examinations on th...

Mandatory Recordal of IP License Agreements in Indonesia

Mandatory Recordal of IP License Agreements in Indonesia

19 August 2016

The Ministry of Law and Human Rights (MoLHR) of Indonesia recently issued regulations outlining the procedure for recordal of IP license agreements in Indonesia.

Trade Secret and Patent Protection in China

Trade Secret and Patent Protection in China

19 August 2016

A trade secret is defined as technical information and operational information which is unknown to the public, which may bring economic benefits to the owner of rights, which has practical applicability and for which the owner of rights has taken mea...

Counterfeits, Safe Harbour and Takedowns

Counterfeits, Safe Harbour and Takedowns

19 August 2016

What are the IP dangers of e-commerce?

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.