Section
IP Analysts
Trademark prosecution issues reaching the ODG
31 March 2024To guide both trademark practitioners and applicants in determining the registrability risk that they may face in the prosecution of their applications, the following cases may provide some enlightenment as to the nature of the cases appealed by the...
Better late than never
31 March 2024Intellectual property in a broad sense does not include only registration, maintenance and disposal of IP but also endless tug-of-war in courts and the patent office.
Jurisdiction of the IP Court over disputes of unfair competition
31 March 2024In accordance with Paragraph 9 of Article 4 of the Federal Law of July 26, 2006, N 135-FZ “On the Protection of Competition”, unfair competition means any actions of business entities (groups of persons) that are aimed at obtaining advantages in carr...
Patents: Quality versus quantity
31 March 2024India has emerged as the world’s third-largest startup ecosystem with over 125,000 startups and 110 unicorns. Many of these startups are at the forefront of innovation in disruptive technologies (like AI, Internet of Things, Big Data, cybersecurity a...
Eurasian Patent Organization debuts amended patent regulations
29 February 2024Starting from January 1, 2024, the Eurasian system of inventions and industrial designs patent protection are guided by amended Patent Regulations, approved by the decision of the Administrative Council of the Eurasian Patent Organization (EAPO), ado...
A different Monster
29 February 2024This decision arose from Monster Energy Company’s opposition against the registration of the Application Mark “GENTLE MONSTER” (a word mark) by IICOMBINED Co., Ltd, in Class 9 for “smartglasses”.
Piracy of traditional knowledge: urgent need for equitable solutions
29 February 2024We all identify with our heritage, homes, cultures and traditions. None of us would be happy to see the same misappropriated or exploited by another, lest we lose our identity or claim to what makes us unique.
Towards a more equitable copyright system
29 February 2024For the second time, the Supreme Court of the Philippines has urged the Philippines Congress and the Intellectual Property Office of the Philippines (IPOPHL) to amend RA 8293 or the Intellectual Property Code of the Philippines (IP Code), to allow th...
Classical trinity of passing off analyzed
31 January 2024The Intellectual Property Office of Singapore (IPOS) decision in ZERODENSITY YAZILIM ANONIM SIRKETI v. Novel Brands USA LLC clarifies the law of passing off in Singapore and discusses the “classical trinity” test in establishing passing off.
The Scheme of the Patents Act and Rules obligates the Hearing Officer to pass orders within a reason...
31 January 2024In a slew of matters, the Delhi High Court (DHC) emphasized the need to adhere to the principle of natural justice. So far, the cases which have been decided and remanded back to the Indian Patent Office (IPO) by court were based on non-reasoned orde...
Unitary effect and European validations in view of national prior rights
31 January 2024It has now been over six months since the doors of the Unified Patent Court (UPC) opened, bringing numerous changes for European patent applicants and recent patentees.
Does a forged deed of assignment confer rights?
01 January 2024A forged deed of assignment, even if registered with the relevant government office, does not confer rights to the assignee due to lack of consent of the copyright owner, as held by the Philippine Supreme Court in the case of M.Y. Intercontinental Tr...
Stages of trademark registration in Rospatent and their features
01 January 2024In accordance with Paragraph 1 of Article 1492 of the Civil Code of the Russian Federation, an application for state registration of a trademark is submitted to the federal executive authority for intellectual property (hereinafter referred to as Ros...
MENAP: case law in IP procedures
13 December 2023The United States Patent and Trademark Office (USPTO) is the world’s oldest patent office, established in 1790. It is no wonder, then, that after more than two centuries of practice, it has valuable guidelines in place for its examiners.
Clarity in scope of remedies in claim of breach of confidence: Amber Compounding Pharmacy Pte Ltd an...
30 November 2023This Singapore High Court decision arose from the preliminary determination of an issue in law – specifically, whether the plaintiffs were entitled to simultaneously claim for both wrongful gain interest and wrongful loss interest. The defendants pre...