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Damages in Trademark Infringement Cases: A Case Study of the Yahoo v. Sanja Patel Case

With the Indian legislature and judiciary realizing the increasingly important need to safeguard and protect the intellectual property assets of a company...

New Directions from the Malaysian Patent Office

The Malaysian Intellectual Property office (MyIPO) has recently issued three new practice directions.

Post-Grant Amendments from Methods of Treatment to Swiss-Style Claims in Singapore

The Own Name Defence is Often no Defence at All

In The Audience Motivation Company Asia Pte Ltd v. AMC Live Group China (S) Pte Ltd, the Singapore Court of Appeal, in a ruling dated April 21, 2016, found in favour of the appellant, thus overturning a decision by the High Court which had dismissed...

Influence of Amendments Under Article 33 for Stability of Patent Rights

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

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

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

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

What are the IP dangers of e-commerce?

The Impact of Economic Policies on IP Infrastructure

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

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 curious case of India's abandoned trademark applications.

Beware the Product-by-Process Claim

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

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

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...